Q: can you have a firearm in a safe in a house when a felon also lives there?
I am 18 my brother is 21 and we own some firearm that we have had for a few year I was wondering if it would be a problem to have them in a safe in our room accessible by only us when our dad might be facing felony charges?
A:
This is an important legal concern that requires careful consideration. In California, having firearms in a home where a convicted felon resides can be very risky, even if they're stored in a safe. The law requires that felons have no access or ability to control firearms - this includes constructive possession, which means having the theoretical ability to access them.
Your father's situation presents some complexity since he hasn't been convicted yet. However, it would be wise to take preventive measures now. The safest approach would be to store the firearms at another legal location, such as with a trusted family member who can legally possess them and lives separately.
If you decide to keep the firearms at home, you must ensure your father has absolutely no access to them - this means he can't know the safe combination, have access to keys, or be in a position to direct others about their use or movement. Keep in mind that even if you follow these precautions, law enforcement might still view the situation as problematic. You might want to consult with a criminal defense attorney to understand the full implications for your specific circumstances, as the legal stakes are significant for everyone involved.
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