Living without guns.

Discussion in 'The Fire For Effect and Totally Politically Incorr' started by phil-this, Jun 2, 2011.

  1. phil-this

    phil-this New Member

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    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?
  2. Double D

    Double D Administrator Staff Member Supporting Member

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    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.
  3. pickenup

    pickenup Active Member

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

    "IF" ????
  4. Bobitis

    Bobitis Guest

    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.:(
  5. Willie

    Willie Active Member

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    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.
  6. ofitg

    ofitg New Member

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    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.
  7. Double D

    Double D Administrator Staff Member Supporting Member

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    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.
  8. ka64

    ka64 Well-Known Member

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    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?
  9. phil-this

    phil-this New Member

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    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.
  10. ofitg

    ofitg New Member

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    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.
    Last edited: Jun 3, 2011
  11. carver

    carver Moderator

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    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.
    Last edited: Jun 3, 2011
  12. phil-this

    phil-this New Member

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    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.
  13. carver

    carver Moderator

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

    RunningOnMT New Member

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    Life without guns??? I'd divorce her:D:D:D
  15. tcox4freedom

    tcox4freedom Well-Known Member Supporting Member

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    ^^^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.
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