Carry while in presence of a felon

[The Annoyed Man]

What's the legal term I'm looking for......is it "constructive possession" or something like that? For instance if one spouse is a convicted felon and the other isn't, and the household guns are stored in a safe, if the felon has the combination he/she is in "constructive possession" of the firearms even if she/she never opens the safe (if that's the right term). It seems to me that might come into play here.

[couzin]

Similar situation with a family member few years back - I rented him a kitchenette hotel room for a couple months - cost me about $350 for the month but my peace of mind and security was worth it. Not to mention me possibly getting a charge if he had managed to get access to my weapons. That definately is not worth the risk.

[C-dub]

Store the BIL offsite for his safety and yours.

[WildBill]

I commend RPBrown for trying to help a family member.

RP - I pray that your BIL decides to turn his life around and stays out of trouble and that you and your wife bring him up rather than him bringing you and your family down.

[srothstein]

If it helps, it is my understanding that the possession is a violation of federal law (18 USC 921 et. seq). As mentioned, Chapter 46 of the Penal Code also has a prohibition on it. The constructive possession (that is your owning it but him having access to it) is the result of court interpretation and I do not have a citation for it.

If it helps, the wording I found on the Board of Pardons and Parole web site (about halfway through on page 55) says

Do not own, possess, sell, or control any firearm, prohibited weapon, or illegal weapon as defined in the Texas Penal Code; do not unlawfully carry any weapon; and do not use or attempt or threaten to use any tool, implement, or object or threaten to cause any bodily injury

I think you could have the guns in the house in a safe he cannot open and he would be okay. He will be given a copy of the conditions, written in plain English (according to the web site), so you should know for sure from that. You could also call the parole office and ask in advance.

I also think my best advice is to be on the safe side and move the guns out of the house while he is still living with you. It is probably not necessary, but it would make you wife happier and would avoid even the potential for this kind of trouble.

[RPBrown]

Thanks to all that have replied.

Srothstein, thank you for the information. We have contacted the parole board and were told that in most cases as long as he did not have the combination to the safe he would be okay. However, it would be up to his parole officer to make the final call on it. So, we have to wait until he is assigned an officer. Not sure if that will happen before he gets out or after.

[WildBill]

Do not own, possess, sell, or control any firearm, prohibited weapon, or illegal weapon as defined in the Texas Penal Code; do not unlawfully carry any weapon; and do not use or attempt or threaten to use any tool, implement, or object or threaten to cause any bodily injury

Steve - Thanks for the link. Great information ... as usual.