Spouse/Housemate living with a felon, guns in the house.

1911gobang

1911gobang

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So my brother just had a nasty breakup with his S/O. She had guns in the house, she has moved out, now threatening to call his probation officer and attempt to hang him out to dry.
I know the laws on this have changed in ‘04 and again in 2011.

He has been out of prison for nearly 10 years, not even a jaywalking ticket since, all restitution paid, and he is off probation in all but ONE county. He was supposed to be off probation in that county 6 months ago provided he paid his payments as ordered, and kept his nose clean. And NONE of his charges were violent. Property crime, B/E, grand larceny, etc.

ALL of the guns were hers, legally purchased in her name, her CCW and D/L are at his address.
All of the guns and all related paraphernalia are out of his house.

Is he screwed, or is she just trolling him?


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He needs to petition to get his gun rights back. It will take a hearing in front of a judge, but it's doable. NC made it easier just a few years ago, because it used to be 20 years now it's 5 for a non-violent felon. But if he's still on probation that's probably not gonna happen for 5 more years.

BTW we don't have a gun 'registry' in NC. She may be the original purchaser, but that don't mean anything in NC where private sales are completely legal.

I'm sure the probation officer probably DGAF as long as he's not violated in some official way and if he's not in possession, then there's no crime. So he needs to fix that by not having them.

I'd hire a PI to follow that hooker around and find some real deal dirt lol. Maybe she likes to drink wine and drive home?
 
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Registered? I doubt it. Get him out of there first then you have options. But I would definitely start with talking to his attorney first.

If you remove the guns yourself and she reports a theft, you’re screwed.
If you don’t remove the guns yourself and she reports a felon in posession, he’s screwed.
If you contact the police, he’s probably screwed.
If you get him out and checked into a hotel you have a paper trail showing he’s staying elsewhere while this gets resolved.
Talk to an attorney.

ETA: I missed the part where all the guns are already gone.
 
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1911gobang said:
So my brother just had a nasty breakup with his S/O. She had guns in the house, she has moved out, now threatening to call his probation officer and attempt to hang him out to dry.
I know the laws on this have changed in ‘04 and again in 2011.

He has been out of prison for nearly 10 years, not even a jaywalking ticket since, all restitution paid, and he is off probation in all but ONE county. He was supposed to be off probation in that county 6 months ago provided he paid his payments as ordered, and kept his nose clean. And NONE of his charges were violent. Property crime, B/E, grand larceny, etc.

ALL of the guns were hers, registered in her name, her CCW and D/L are at his address.
All of the guns and all related paraphernalia are out of his house.

Is he screwed, or is she just trolling him?


Sent from my iPhone using Tapatalk
Click to expand...

Wait, were he is living currently, there is no firearms?

Also, wouldn't she be getting in trouble for bringing in firearms to a place that a felon lives?

Am I missing something

Get him out of there regardless, call up an attorney and seek legal advice
 
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1911gobang said:
ALL of the guns were hers, registered in her name, her CCW and D/L are at his address.
All of the guns and all related paraphernalia are out of his house.
Click to expand...

No such thing as registration in NC, well maybe in the RTP... But, that's another story.

If he isn't in 'possession' then no issue. If she sneaks back in and plants one, then calls, he's screwed.
 
Button Pusher said:
If no firearms in the house now how can anyone prove what was in the home in the past?

Get a metal detector and sweep the house, she may have left something behind.
DO NOT talk to the parole officer, talk to a lawyer first.
Click to expand...

Talking to the parole officer is actually not a bad idea. They actually are more understanding than ever before thanks to the Justice reinvestment act. I seriously doubt that they would do anything if they found a gun during a voluntary search because of the situation.

As far as guns in the house it's not an issue for a felon to be living with someone who owns guns as long as they are not readily available. Now than if they are kept in the corner of the living room you might have an issue.
 
U
georgel said:
I would think that if she's gone and the guns are gone, then there's not a problem.
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Unless the locks have not been changed. She could still go back and plant one of hers guns there. Women can be quite evil and vindictive. Women are also the worst bosses, generally due to there tendency toward being paranoid, petty and vindictive, more so toward women that work for them. And that is what my wife says.
(For the record, the best manager I have had in my career was a woman, so the generalization doesn't mean ALL women.)
 
I was scuttled by female bosses in my old department...they disregarded my work record and eventually hired a flighty bipolar acting unqualified female coworker who has no respect for her staff and is more or less incompetent. The department at one point had 2 Male chiefs and 11 or so females.

In all fairness I am known for being honest and not a suck up or yes man so that did not help.
 
Of course it’s a problem if you are a felon in a home with accessible weapons. I have an example of such from @Tinman’s friend. But it never went to trial because he died before the continued court date. Get ready for lawyer fees regardless of the legal finale.
 
I’m super late to this, but is her threat that she will call a LEO and admit to knowingly transferring a firearm to a prohibited person?
 
DCGallim said:
Play dumb. If she had guns I didn’t know and there are none here now.
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I clicked "like" at first, but then removed it. Best response is to just shut up and say nothing at all. To that and any other thing someone on my doorstep might ever ask me.
 
JimB said:
I’m super late to this, but is her threat that she will call a LEO and admit to knowingly transferring a firearm to a prohibited person?
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Even if she did, wouldn't she have to file a sworn written affidavit, etc.? That's a whole lotta trouble and risk. At this point there's no material evidence, just she said he said. Unless, there's pictures. :eek:
 
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georgel said:
Even if she did, wouldn't she have to file a sworn written affidavit, etc.? That's a whole lotta trouble and risk. At this point there's no material evidence, just she said he said. Unless, there's pictures. :eek:
Click to expand...

No it wouldn't require a sworn affidavit initially. But it would require a police report And if found to be fraudulent she would be charged with filing false police report a misdemeanor.
 
JimB said:
I’m super late to this, but is her threat that she will call a LEO and admit to knowingly transferring a firearm to a prohibited person?
Click to expand...

Negative...
Just living in a home with a CF she was romantically involved with. But not legally married.


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