Can a Felon on Parole Be Charged with Possession if Guns Are Locked Up in Someone Else’s House?
In the United States, the legal landscape surrounding felons on parole and their possession of firearms is complex and nuanced. This article aims to clarify the legal implications for a person on parole keeping guns locked up in a house owned by someone else.
Parole Conditions and Possession of Firearms
When a felon is on parole, their Probation Officer (PO) monitors their compliance with the terms of their release. One of these conditions often includes the requirement to avoid contact with firearms. If a felon is deemed to be in possession of firearms, even if they are not their own, this can lead to serious legal consequences.
Owned or not, the mere presence of firearms in a parollee's living space can be cause for concern. The PO will thoroughly evaluate the living situation before allowing the parollee to reside there. If firearms are found, it raises red flags and can result in the parollee not being allowed to remain in that home.
Here’s a critical point: even if the house is owned by someone else, the parollee cannot simply ignore the presence of firearms. The PO will still assess the environment and the risk of non-compliance.
Secure Storage of Firearms
The situation gets more complex when firearms are stored securely. For example, if the firearms are in a gun safe locked up and inaccessible, it is less likely to be an issue. A glass case in the bedroom or a hidden safe elsewhere in the house, however, would present more challenges for the parollee.
Even with secure storage, it depends on the specific circumstances and how law enforcement interprets the situation. The parollee should be cautious and seek legal advice to ensure compliance with parole conditions.
Bottom Line:
Secure storage is key, but the presence of firearms can still cause problems.
Charges and Legal Consequences
It’s important to note that a parollee cannot simply be charged with possession just by being in a house where firearms are kept. Accusations involve elements of intent and possession. The parollee must have actual possession of the firearm to face charges.
A parollee would need to break into the safe or actually handle the firearm to face possession charges. However, the scenario described here highlights the potential complications.
Breaking into a home, even if the intent is to keep firearms secure, would likely be viewed as a violation of parole. Law enforcement might interpret this act as a burglary, and the parollee could be charged and sent back to prison. The additional charge of burglary would further add to their legal troubles.
Ultimately, the legal advice provided should be tailored to the specific facts of each case. An attorney can provide a comprehensive analysis and guide the parollee on how to navigate these complex legal issues.
Conclusion: Parole conditions must be strictly adhered to, and the secure storage of firearms is essential but not foolproof. Any breach can lead to serious consequences, including violating parole and facing charges.