Living without guns. - The Firearms Forum

phil-this · 06-02-2011, 03:59 PM

So my dealing with other members of this forum have led me to ask a very sad question. Why can I not have guns in my home?

My wife once dated a guy who was involved with some big time drug traffickers in northern VA. Prince William county actually. She was arrested in a sting operation on the house while visiting. Completely unaware, she was arrested and charged with co-conspiracy. The charge was dropped and she ended up serving community service and taking a drug class. Because the charge is a federal drug charge, it shows up on her background check very clearly. She now works at a school with developementaly impaired children. That was a tough job to get for her. She had to pay around $60.00 to get a copy of the court release letter from her attorney to give to the school district and write a letter explaining what happened. She still has the letter.

I was told by the ADA county Sheriffs dept. in Idaho that it would not be prudent to keep my guns at the house. They said if anything were to happen and one of my firearms was involved, she could end up in jail for possession of a firearm and I could go to jail for aiding and abetting in the commission of a felony. The sheriff did say that it would get thrown out as the court findings would eventually reveal the contents of that letter, but an arrest would still show on both of our records and if this happened multiple times could get my firearms permanently removed. It's sad.

Does anyone have any experience with this sort of situation? What can I do?

Double D · 06-02-2011, 04:12 PM

If you are able to legally purchase a firearm, I would do just that. The heck with they could, or they might this or that. If someone breaks in your house and wants to kill you, those people wont be there to protect you. Its better to be judged by 12 than to be carried by 6.

pickenup · 06-02-2011, 05:51 PM

Either she was convicted of a crime that prohibits her from ANY access/possession of firearms, or she was not.

"IF" ????

Bobitis · 06-02-2011, 06:20 PM

In my state, a 'protection' order is given when a divorce is filed for. No need to ask, no circumstances involved. It's autopilot mentality. The order always applies to the one filed against. Don't matter if yer married 2, 10, or 40 years. No way can you have or be near any firearms, whether you own them or not.

There was an episode here a couple 2-3 years ago very similar to yours, but the roles were reversed. The husband had the strike, and the wife the firearm. I don't recall all the details, but the husband was arrested when it was found out that a firearm was 'in the house'. Not sure what the eventual outcome was.

Yes, it does happen, and it sucks. Nothing worse than being stuck in the middle.

Willie · 06-02-2011, 09:20 PM

Quote:

Originally Posted by Double D

If you are able to legally purchase a firearm, I would do just that. The heck with they could, or they might this or that. If someone breaks in your house and wants to kill you, those people wont be there to protect you. Its better to be judged by 12 than to be carried by 6.

I agree with Double D. Don't worry about what might happen. Have faith that if you are careful it won't. And you didn't cause the problem,I don't see why you should be affected. Screw being prudent.

ofitg · 06-02-2011, 11:06 PM

Quote:

Originally Posted by phil-this

The charge was dropped and she ended up serving community service and taking a drug class. Because the charge is a federal drug charge, it shows up on her background check very clearly.

She was sentenced to community service and a drug class? Do you mean to say that the charge was reduced, instead of "dropped"?

I think it all depends on exactly what she was convicted of. I wouldn't take the word of an ADA, though, you need to talk to a private attorney.

Double D · 06-03-2011, 07:08 AM

I realize its your wife and you are deeply concerned. Alot of law enforcement personel are going to say things like "it wouldnt be prudent". I would expect that out of them. But as long as I have the ability to LEGALLY purchase a firearm, screw them. I am going to take my chances. I have never been very "prudent" anyhow.

ka64 · 06-03-2011, 07:55 AM

I was told by the ADA county Sheriffs dept. in Idaho that it would not be prudent to keep my guns at the house. They said if anything were to happen and one of my firearms was involved, she could end up in jail for possession of a firearm and I could go to jail for aiding and abetting in the commission of a felony.

Umm does this statement mean if someone stoled your guns and commited a felony you and your wife could go to jail? Highly unlikely.

If someone stoled your car and killed a person, would you go to jail?

phil-this · 06-03-2011, 11:08 AM

Quote:

Originally Posted by ofitg

She was sentenced to community service and a drug class? Do you mean to say that the charge was reduced, instead of "dropped"?

I think it all depends on exactly what she was convicted of. I wouldn't take the word of an ADA, though, you need to talk to a private attorney.

No the charge was never really entered and she never faced court. It's weird they just said hey do these things and we won't include you in the indictment.

ofitg · 06-03-2011, 01:29 PM

Quote:

Originally Posted by phil-this

No the charge was never really entered and she never faced court. It's weird they just said hey do these things and we won't include you in the indictment.

Yes Sir, that's weird as hell. If she has never been formally convicted, I don't see how she can be legally encumbered at all.

Of course, I admit that I'm one of those old-fashioned "idealogues" who believe in the Constitution. I thought that people were officially innocent until proven guilty in a court of law.

As Double D said, don't expect to get the straight story from any "public servant", ADA or Sheriff. It might cost you a couple hundred bucks to discuss this issue with a private attorney, but his job is to help you, not help the government. It ought to be worth a couple hundred bucks for you and your wife to get your lives back again.

carver · 06-03-2011, 01:41 PM

Quote:

Originally Posted by ofitg

She was sentenced to community service and a drug class? Do you mean to say that the charge was reduced, instead of "dropped"?

I think it all depends on exactly what she was convicted of. I wouldn't take the word of an ADA, though, you need to talk to a private attorney.

phil-this, here is the answer you need. I agree with Ofitg. First off, if anyone wants to have a fire arm in the house, or on their person, then they should have an attorny advise them. It doesn't matter if someone in the home has had past problems with the law, or not. If you ever have to use that gun, you will need that attorny right away. I have a CCW, and right behind my permit card, in my wallet, is my attorny's card. The attorny you choose can tell you what the laws are, and whether you can have a gun in the house or not. The cops are not going to tell you much, even if they know what the laws are, and they probably don't really know. Seek legal advise. If I ever should have to use my side arm in SD, I would call 911 as soon as I possibilly could, and then I would call my attorny. Both calls would be made before the LEO's got there if at all possible.

phil-this · 06-04-2011, 01:01 AM

really something to think about. Cases like this happen all the time. Some states force protection orders in divorce cases and other states file them for any 911 call on a residence until further investigation. Too many technicalities to think about. I will speak to a lawyer as soon as I can afford one. I don't carry any guns everywhere but I take them camping and on road trips and stuff and my wife usually goes with me. All kinds of situations could arise. Thanks peeps.

carver · 06-04-2011, 06:31 AM

Legal advice ain't that expensive! Most Lawyers charge around $75 to answer a simple question.

RunningOnMT · 06-04-2011, 07:12 AM

Life without guns??? I'd divorce her

tcox4freedom · 06-04-2011, 09:28 AM

Quote:

Originally Posted by carver

Legal advice ain't that expensive! Most Lawyers charge around $75 to answer a simple question.

^^^This^^^

As a minister, I've been friends with several convicted felons; one even lived with our family for a few months until he could get back on his feet.

Idk about your state. But, I checked with the authorities and an attorney here. I was told it was perfectly legal to have guns in my home while a convicted felon lived with us; as long as he did NOT have access to my firearms.

This meant I kept all firearms except the one I was carrying, locked up in my safe. I could also keep my HDW out an accessible as long as someone was here to supervise and prevent him from gaining access.

I would definitely check with an attorney. I'm almost positive you may find similar answers/requirements.

Double D · 06-04-2011, 10:16 AM

I dont see the problem here. A law enforcement person said it wouldnt be prudent. He doesnt have to live there and protect you, you do. ANYBODY that "may" be involved in a shooting could face jailtime and will go thru an investigation. I wouldnt give it a second thought. I would have my guns. Period. You said the charge was "dropped" and she has the paper to prove it. Its none of their business what you own. You can spend your money on a laywer if you want, I wouldnt.

Double D · 06-04-2011, 10:16 AM

Quote:

Originally Posted by tcox4freedom

^^^This^^^

As a minister, I've been friends with several convicted felons; one even lived with our family for a few months until he could get back on his feet.

Idk about your state. But, I checked with the authorities and an attorney here. I was told it was perfectly legal to have guns in my home while a convicted felon lived with us; as long as he did NOT have access to my firearms.

This meant I kept all firearms except the one I was carrying, locked up in my safe. I could also keep my HDW out an accessible as long as someone was here to supervise and prevent him from gaining access.

I would definitely check with an attorney. I'm almost positive you may find similar answers/requirements.

THE CHARGE WAS DROPPED.

Buckshot · 06-05-2011, 01:35 AM

Thinking of that officer, I keep hearing Dana Carvey doing George Bush on Saturday Night Live... "Nope, wouldn't be prudent."

I think it's very simple. The charge was DROPPED. She was never CONVICTED of anything. If she was never convicted of a crime, more specifically a felony (or a misdemeanor involving domestic violence) then SHE is in all likelihood not a "prohibited possessor." In that case you're BOTH in the clear. Buy his-and-hers anything you like.

Hawg · 06-05-2011, 10:25 AM

If the charge was dropped and she didn't serve time why does it show up on her background check?

Buckshot · 06-05-2011, 01:36 PM

An arrest will show up on a background check. But only a conviction can result in a loss of rights.

Double D · 06-05-2011, 02:58 PM

Sounds like the charges were dropped but the judge made it a point to give her community service as a lesson to choose her friends a little better. No felony? Go buy whatever your little heart desires. I got their prudent.....typical liberal nonsense...

Archie · 06-05-2011, 09:01 PM

Do the lawyer thing. It will be more expensive right now, but cheaper in the long run. From what I'm reading here, she should be able to buy a firearm in her own right. (Not the same as her wanting to, of course.)

The Sheriff's 'prudent' comment was probably intended to simplify your life. It may or may not. Do the lawyer thing.

Zhurh · 06-06-2011, 12:51 AM

We have our share of kooks where we call home. This one joker is harmless, walks around with a rifle, lives out this trail, been treed by bear, and isn't all there. Well, another local had it out with the nutty guy and felt he was going to shoot him in the back, ha ha. So anyway, the nutty guy had a list of charges over the years, minor felonies ect. Second guy wondered why our local Indian Cop wouldn't make him stop carrying gun. Cop told town he wasn't enforcing anything, nutty guy needed gun for bear protection and everybody agreed this was good way to go. Turns out many states don't enforce fed regs & laws to the hilt; especially concerning guns. All the murders and killers in Chi Town and they can't get them to do right? What in the world is everybody worried about life in rural Idaho?

I'd go on about my life, keep my nose clean, and not go off the deep end worrying about the law coming after my guns. So many more important things to concern yourself with these days. I mean, what if down the road; Big "O" gets on tv and tells you all to turn all your guns in. Are you taking them down to the station like good little citizens?

Remember what Davy Crocket said about all the big man out there, all on the outside, none on the inside. I've seen a few of them myself over the years. Haven't you all too?

ofitg · 06-06-2011, 01:56 PM

OK, here's another idea. Instead of spending a couple hundred bucks for a lawyer, send the wife down to the gunshop to buy some firearm that she wants. If she passes the background check and gets the gun, you will know that she is not under any legal restriction.

If they refuse to sell to her, use the money for a lawyer.

06-02-2011, 03:59 PM	#1
phil-this Member Join Date: May 2011 Posts: 40	Living without guns. So my dealing with other members of this forum have led me to ask a very sad question. Why can I not have guns in my home? My wife once dated a guy who was involved with some big time drug traffickers in northern VA. Prince William county actually. She was arrested in a sting operation on the house while visiting. Completely unaware, she was arrested and charged with co-conspiracy. The charge was dropped and she ended up serving community service and taking a drug class. Because the charge is a federal drug charge, it shows up on her background check very clearly. She now works at a school with developementaly impaired children. That was a tough job to get for her. She had to pay around $60.00 to get a copy of the court release letter from her attorney to give to the school district and write a letter explaining what happened. She still has the letter. I was told by the ADA county Sheriffs dept. in Idaho that it would not be prudent to keep my guns at the house. They said if anything were to happen and one of my firearms was involved, she could end up in jail for possession of a firearm and I could go to jail for aiding and abetting in the commission of a felony. The sheriff did say that it would get thrown out as the court findings would eventually reveal the contents of that letter, but an arrest would still show on both of our records and if this happened multiple times could get my firearms permanently removed. It's sad. Does anyone have any experience with this sort of situation? What can I do? -->

06-02-2011, 04:12 PM	#2
Double D TFF Moderator/Host Join Date: Jul 2009 Location: North Florida Contributor Posts: 8,085	Re: Living without guns. If you are able to legally purchase a firearm, I would do just that. The heck with they could, or they might this or that. If someone breaks in your house and wants to kill you, those people wont be there to protect you. Its better to be judged by 12 than to be carried by 6. __________________ I own a bunch of scary guns. You want em? Come and take em..... Liberalism is a serious, non curable, mental disorder... NRA LIFE MEMBER Oath Keepers Member NRA Certified Instructor 30 Yr CC permit holder.

06-02-2011, 05:51 PM	#3
pickenup Advanced Senior Member Join Date: Sep 2002 Location: Colorado Rocky Mountains Posts: 6,838	Re: Living without guns. Either she was convicted of a crime that prohibits her from ANY access/possession of firearms, or she was not. "IF" ???? __________________ The gene pool needs chlorine

06-02-2011, 06:20 PM	#4
Bobitis Advanced Senior Member Join Date: Apr 2009 Posts: 6,612	Re: Living without guns. In my state, a 'protection' order is given when a divorce is filed for. No need to ask, no circumstances involved. It's autopilot mentality. The order always applies to the one filed against. Don't matter if yer married 2, 10, or 40 years. No way can you have or be near any firearms, whether you own them or not. There was an episode here a couple 2-3 years ago very similar to yours, but the roles were reversed. The husband had the strike, and the wife the firearm. I don't recall all the details, but the husband was arrested when it was found out that a firearm was 'in the house'. Not sure what the eventual outcome was. Yes, it does happen, and it sucks. Nothing worse than being stuck in the middle. __________________ ^.^ A point in every direction is the same as having no point at all

06-03-2011, 07:08 AM	#7
Double D TFF Moderator/Host Join Date: Jul 2009 Location: North Florida Contributor Posts: 8,085	Re: Living without guns. I realize its your wife and you are deeply concerned. Alot of law enforcement personel are going to say things like "it wouldnt be prudent". I would expect that out of them. But as long as I have the ability to LEGALLY purchase a firearm, screw them. I am going to take my chances. I have never been very "prudent" anyhow. __________________ I own a bunch of scary guns. You want em? Come and take em..... Liberalism is a serious, non curable, mental disorder... NRA LIFE MEMBER Oath Keepers Member NRA Certified Instructor 30 Yr CC permit holder.

06-03-2011, 07:55 AM	#8
ka64 Advanced Senior Member Join Date: May 2011 Location: Michigan Contributor Posts: 1,412	Re: Living without guns. I was told by the ADA county Sheriffs dept. in Idaho that it would not be prudent to keep my guns at the house. They said if anything were to happen and one of my firearms was involved, she could end up in jail for possession of a firearm and I could go to jail for aiding and abetting in the commission of a felony. Umm does this statement mean if someone stoled your guns and commited a felony you and your wife could go to jail? Highly unlikely. If someone stoled your car and killed a person, would you go to jail?

06-04-2011, 01:01 AM	#12
phil-this Member Join Date: May 2011 Posts: 40	Re: Living without guns. really something to think about. Cases like this happen all the time. Some states force protection orders in divorce cases and other states file them for any 911 call on a residence until further investigation. Too many technicalities to think about. I will speak to a lawyer as soon as I can afford one. I don't carry any guns everywhere but I take them camping and on road trips and stuff and my wife usually goes with me. All kinds of situations could arise. Thanks peeps.

06-04-2011, 06:31 AM	#13
carver TFF Moderator/Host Join Date: Jul 2008 Location: DAV, Deep in the Pineywoods of East Texas, just west of Shreveport, LA Contributor Posts: 11,288	Re: Living without guns. Legal advice ain't that expensive! Most Lawyers charge around $75 to answer a simple question. __________________ Y'all be safe now, ya hear! Lamentations Chapter 5: 1. Remember, O LORD, what is come upon us: consider, and behold our reproach. 2. Our inheritance is turned to strangers, our houses to aliens. 3. We are orphans and fatherless, our mothers [are] as widows. 5. Our necks [are] under persecution: we labour, [and] have no rest. 16. The crown is fallen [from] our head: woe unto us, that we have sinned! 21. Turn thou us unto thee, O LORD, and we shall be turned; renew our days as of old.

06-04-2011, 07:12 AM	#14
RunningOnMT Advanced Senior Member Join Date: Nov 2008 Location: Akron, Ohio Contributor Posts: 4,720	Re: Living without guns. Life without guns??? I'd divorce her __________________ "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty, or give me death!"

06-04-2011, 10:16 AM	#16
Double D TFF Moderator/Host Join Date: Jul 2009 Location: North Florida Contributor Posts: 8,085	Re: Living without guns. I dont see the problem here. A law enforcement person said it wouldnt be prudent. He doesnt have to live there and protect you, you do. ANYBODY that "may" be involved in a shooting could face jailtime and will go thru an investigation. I wouldnt give it a second thought. I would have my guns. Period. You said the charge was "dropped" and she has the paper to prove it. Its none of their business what you own. You can spend your money on a laywer if you want, I wouldnt. __________________ I own a bunch of scary guns. You want em? Come and take em..... Liberalism is a serious, non curable, mental disorder... NRA LIFE MEMBER Oath Keepers Member NRA Certified Instructor 30 Yr CC permit holder.

06-05-2011, 01:35 AM	#18
Buckshot Senior Member Join Date: May 2009 Location: Southern AZ Posts: 884	Re: Living without guns. Thinking of that officer, I keep hearing Dana Carvey doing George Bush on Saturday Night Live... "Nope, wouldn't be prudent." I think it's very simple. The charge was DROPPED. She was never CONVICTED of anything. If she was never convicted of a crime, more specifically a felony (or a misdemeanor involving domestic violence) then SHE is in all likelihood not a "prohibited possessor." In that case you're BOTH in the clear. Buy his-and-hers anything you like. __________________ United States of America - Born July 4th, 1776 - Killed by 50 million brain-dead zombies November 6th, 2012 Mack: Shame what this town's come to. Charley Waite: You could do something about it. Mack: What? We're freighters. Ralph here's a shopkeeper. Charley Waite: You're men, ain't you? Mack: I didn't raise my boys just to see 'em killed. Charley Waite: Well you may not know this, but there's things that gnaw at a man worse than dying. - Open Range MOLON LABE

06-05-2011, 10:25 AM	#19
Hawg Advanced Senior Member Join Date: Mar 2011 Posts: 1,559	Re: Living without guns. If the charge was dropped and she didn't serve time why does it show up on her background check?

06-05-2011, 01:36 PM	#20
Buckshot Senior Member Join Date: May 2009 Location: Southern AZ Posts: 884	Re: Living without guns. An arrest will show up on a background check. But only a conviction can result in a loss of rights. __________________ United States of America - Born July 4th, 1776 - Killed by 50 million brain-dead zombies November 6th, 2012 Mack: Shame what this town's come to. Charley Waite: You could do something about it. Mack: What? We're freighters. Ralph here's a shopkeeper. Charley Waite: You're men, ain't you? Mack: I didn't raise my boys just to see 'em killed. Charley Waite: Well you may not know this, but there's things that gnaw at a man worse than dying. - Open Range MOLON LABE

06-05-2011, 02:58 PM	#21
Double D TFF Moderator/Host Join Date: Jul 2009 Location: North Florida Contributor Posts: 8,085	Re: Living without guns. Sounds like the charges were dropped but the judge made it a point to give her community service as a lesson to choose her friends a little better. No felony? Go buy whatever your little heart desires. I got their prudent.....typical liberal nonsense... __________________ I own a bunch of scary guns. You want em? Come and take em..... Liberalism is a serious, non curable, mental disorder... NRA LIFE MEMBER Oath Keepers Member NRA Certified Instructor 30 Yr CC permit holder. Last edited by Double D; 06-05-2011 at 03:00 PM..

06-05-2011, 09:01 PM	#22
Archie V.I.P. Member Join Date: Mar 2005 Location: Hastings, Nebraska; the Heartland! Posts: 294	Re: Living without guns. Do the lawyer thing. It will be more expensive right now, but cheaper in the long run. From what I'm reading here, she should be able to buy a firearm in her own right. (Not the same as her wanting to, of course.) The Sheriff's 'prudent' comment was probably intended to simplify your life. It may or may not. Do the lawyer thing. __________________ Be at Peace; go forth, spread enlightenment and joy to all. Wear clean underwear and take a gun. http://oldmanmontgomery.wordpress.com/ for my thoughts...

06-06-2011, 12:51 AM	#23
Zhurh Advanced Senior Member Join Date: Mar 2010 Location: Upper Yukon, Alaska Posts: 1,820	Re: Living without guns. We have our share of kooks where we call home. This one joker is harmless, walks around with a rifle, lives out this trail, been treed by bear, and isn't all there. Well, another local had it out with the nutty guy and felt he was going to shoot him in the back, ha ha. So anyway, the nutty guy had a list of charges over the years, minor felonies ect. Second guy wondered why our local Indian Cop wouldn't make him stop carrying gun. Cop told town he wasn't enforcing anything, nutty guy needed gun for bear protection and everybody agreed this was good way to go. Turns out many states don't enforce fed regs & laws to the hilt; especially concerning guns. All the murders and killers in Chi Town and they can't get them to do right? What in the world is everybody worried about life in rural Idaho? I'd go on about my life, keep my nose clean, and not go off the deep end worrying about the law coming after my guns. So many more important things to concern yourself with these days. I mean, what if down the road; Big "O" gets on tv and tells you all to turn all your guns in. Are you taking them down to the station like good little citizens? Remember what Davy Crocket said about all the big man out there, all on the outside, none on the inside. I've seen a few of them myself over the years. Haven't you all too?

06-06-2011, 01:56 PM	#24
ofitg Advanced Senior Member Join Date: Feb 2010 Contributor Posts: 1,447	Re: Living without guns. OK, here's another idea. Instead of spending a couple hundred bucks for a lawyer, send the wife down to the gunshop to buy some firearm that she wants. If she passes the background check and gets the gun, you will know that she is not under any legal restriction. If they refuse to sell to her, use the money for a lawyer. Last edited by ofitg; 06-06-2011 at 02:21 PM..