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Permission Granted · 07-27-2017, 07:06 PM

Not hobby related, but some of you are pretty knowledgeable...

I have a license to carry in TX, and i own a few firearms. I generally keep them in my bedroom if i am not actively carrying.

My 20 year old son was recently granted deferred adjudication on a felony charge that was reduced to evading arrest with a motor vehicle. As part of his deferred adjudication he cannot be in possession of firearms. My son lives with me...

Will my owning and having firearms in my house cause him any issues? Will i be able to carry around him? I would never leave a firearm in a vehicle he might use... My concern is how his agreement and restrictions might impact my rights to own and carry while he lives with me and might be with me out in public.

Thanks for any advice!

Rusty76 · 07-27-2017, 10:51 PM

Ok.. going to start out by saying I am not a lawyer and so please take this with a huge grain of salt. I don't see a problem with you carrying around him. Him living in the house is the bigger problem, especially if he could potentially have access to the guns, or be perceived to have access. If it were me I would talk to a lawyer AND get a gun safe where you could lock them up.

Now maybe a lawyer, or someone with more knowledge than me, could answer so I could see how my answer stacks up.

ShysterJon · 07-28-2017, 10:19 AM

I think Rusty76's advice is good. More than one person can "possess" an object, including a firearm. If the OP is legally carrying a firearm, he's in sole possession of it to the exclusion of all others, including his son. However, if a firearm is in the house where the father and son live together, and both of them have access to it, it's possible a cop, prosecutor, probation officer, or judge could deem that both father and son "possess" the firearm. The prudent approach would be to take measures to prevent the son from having access to a firearm, such as storing the firearms in a gun safe.

1980saguy · 07-29-2017, 02:11 AM

Quote:

Originally Posted by ShysterJon

I think Rusty76's advice is good. More than one person can "possess" an object, including a firearm. If the OP is legally carrying a firearm, he's in sole possession of it to the exclusion of all others, including his son. However, if a firearm is in the house where the father and son live together, and both of them have access to it, it's possible a cop, prosecutor, probation officer, or judge could deem that both father and son "possess" the firearm. The prudent approach would be to take measures to prevent the son from having access to a firearm, such as storing the firearms in a gun safe.

Adding on, you haven't lost your second amendment rights so you can carry, possess, etc. However, put the guns in a safe that only you have access to so some asshole PO doesn't try to revoke his probation on the gun issue and/or some asshole DA file new charges for his possession of a weapon.

FuriousWeasel · 07-31-2017, 08:28 PM

Yeah, the son must not in any way have a way to get possession of a firearm. If he can walk around the house and pick it up, that's "constructive possession" and that's usually all that's needed to put him back in the pokey. In most cases I've seen: Locked in a safe where he doesn't know the combination, locked rooms, things like that, usually is good enough, but only his lawyer would know for sure....