West Palm Beach, FL asked in Criminal Law, Civil Rights, Federal Crimes and Probate for Florida

Q: [Florida] Can I have a gun in a gun safe in my room in a felon household?

My dad is a felon from a incident like 25 years ago. I'm wanting to get a gun. My room has a code lock on it and I'd be keeping it in a key lock safe in my room. My room isn't common access for him and the key for the safe is only in my possession. I wouldn't have it out while he's home. I've read many places that this is allowed but figure I'd ask to get a few more opinions.

2 Lawyer Answers
Jonathan Blecher
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Answered
  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: You won't find a specific law that says it's allowed. Each circumstance under which the police seek to charge a convicted felon with possession of a firearm by a convicted felon will be very fact specific. Your procedures appear to insulate him from access sufficient to prevent such a charge, but you never know how things play out in real time.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: I agree for the most part with the previous answer. I'd also add that the issue partly may turn upon who owns the home. If you own or rent the home, and your father is your guest, the authorities cannot prohibit you from possessing a firearm in your home. They could, in theory, prosecute him; but they couldn't prosecute you. If your father is unaware of the firearm, that would be another defense he would have available to him in the remote chance they tried to prosecute him.

Have you made any agreement with the government, parole officers, for example, concerning his living with you? Assuming no such arrangement, the authorities would probably have no way to know if a firearm was in your home under the conditions (locked room, safe, etc.) you describe. If they should ask you, you should politely decline to answer. I really doubt that there would be probable cause for a warrant to search YOUR private areas, safes, etc. just to determine if your father perhaps arguably has "possession" of a firearm.

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