Room mate with a fellony record?

[bmwrdr]

What are the implications of a gun owner and law abiding CHL/ LTC holder renting space to a felon?
Is it impossible to do this legally or is it sufficient to keep firearms locked up?

Thanks for advise and input and sorry in case this topic was already covered but I missed it.

[C-dub]

As long as the felon does not have access to any firearm I think you would be okay. That means a safe of some kind, to which the felon does not have the key or combination. IIRC, if you also have a firearm on your body then that is also okay because it is considered in your possession and not theirs.

[Jusme]

What are the implications of a gun owner and law abiding CHL/ LTC holder renting space to a felon?
Is it impossible to do this legally or is it sufficient to keep firearms locked up?

Thanks for advise and input and sorry in case this topic was already covered but I missed it.

IANAL
I don't think it would be an issue most of the time, as long as you can show that he/she had no actual possession of the firearms.
Where it may get sticky is if the firearms are in a common/shared space, and there was police action such as warrant service etc. where the guns may be found incident to arrest, or as part of a search warrant. I would definitely keep them locked up in areas, away from the area(s) rented to the roommate.

Just out of curiosity, are there no other roommate candidates?

[bmwrdr]

Thanks for the replies.
No, there are nor other candidates at this point but I will consider the factor.

[Mike S]

I'll first throw out the obligatory IANAL, but this is how possession was explained by a lawyer (a lawyer from Washington state, so may differ here):

Actual possession occurs when you have the firearm on you (in your hand, pocket, holstered, etc).

Constructive possession may occur when there's (1) proximity AND (2) control. As it was explained to me, if the firearms are locked in a safe & the prohibited person did not have the combo/key, then it would be unlikely to satisfy both elements. I didn't ask what case law established this, but it made enough sense to me. Keep in mind that case law, unless from the SCOTUS, may not bear binding precedent here.

Under Texas law a felon may possess a firearm on his/her property AFTER a certain period of time has elapsed (IIRC, 5 or 10 years), so I'd suggest Google'ing it (or asking a real lawyer...).

[RogueUSMC]

I'll first throw out the obligatory IANAL, but this is how possession was explained by a lawyer (a lawyer from Washington state, so may differ here):

Actual possession occurs when you have the firearm on you (in your hand, pocket, holstered, etc).

Constructive possession may occur when there's (1) proximity AND (2) control. As it was explained to me, if the firearms are locked in a safe & the prohibited person did not have the combo/key, then it would be unlikely to satisfy both elements. I didn't ask what case law established this, but it made enough sense to me. Keep in mind that case law, unless from the SCOTUS, may not bear binding precedent here.

Under Texas law a felon may possess a firearm on his/her property AFTER a certain period of time has elapsed (IIRC, 5 or 10 years), so I'd suggest Google'ing it (or asking a real lawyer...).

Better yet, open this document...hit alt/F and keyword search...

http://www.txdps.state.tx.us/internetfo ... chl-16.pdf