The repercussions for a convicted felon who accesses a firearm can be severe.
Therefore, the question of whether or not to be near someone who has a concealed carry permit for a convicted felon is of great importance and possible consequences.
A criminal cannot be near someone with a concealed carry permit. Punitive action may be taken against a convicted criminal if he can be shown to have committedreasonable access to a firearm. How reasonable access is defined is the main determining factor.
Read on for more information that can help you understand the permissibility and possible liability of a convicted felon being in close proximity to someone with a concealed carry permit.
Disclaimer: As with any topic involving law and guns, there are many caveats. We are not lawyers. Therefore, the content of this article should be considered for informational purposes only and not as legal advice.
What laws govern gun ownership by criminals?
If a person has been convicted of a crime at the federal or state level, restrictions are imposed on owning and possessing weapons.
This is a general prohibition under theGun Control Act of 1968and this was reinforced by the Firearm Owners Protection Act, passed in 1986.
More specifically, at the federal level, felons who have been "convicted in any court of law of an offense punishable by imprisonment exceeding one year" are prohibited from possessing or carrying any firearm or ammunition.under US Code 922(g).
This means that if your criminal conviction falls within the U.S.C. 922(g), simply being in possession of a weapon, even if you don't have one, puts you in serious violation and canfaces up to ten years in prisonget caught
These are federal charges and can be aggravated if your criminal conviction involves federal or state court.
Even if your felony conviction is not defined by federal law, some states may impose restrictions on owning and possessing guns for people convicted of felonies with sentences of less than one year. In some jurisdictions, evenminor crimes may be included.
It's about defining ownership.
If you're thinking "well if someone else is carrying a concealed weapon with proper permission then I don't have it" you need to re-evaluate your premise.
In law, there is the concept of “constructive possession.” Basically, this states that a person can be considered to be in legal possession of something, such as a firearm, even if they are not in direct physical control of it.
How does this apply to a criminal who is in close proximity to someone with a concealed carry permit?
As with anything related to law, legal precedence formulates how legal nuances apply.
In the case of constructive possession, courts have applied it in cases where the person is aware of the presence or existence of the object in question and has a reasonable ability to gain control of it.
Again, we're not lawyers, but it's reasonable to assume that if you're with a friend or family member who is carrying a concealed weapon, under most circumstances you'd be close by where you could reach or access it if you wanted to. The gun.
How courts apply constructive possession; could fulfill the "reasonable ability to obtain control" installment.
Of course, that doesn't mean you actually tried to reach or steal your friend or family member's gun. Just the fact that you could reasonably do it, even if you didn't, would be enough.
What if I didn't know the person was hiding?
Continuing with the concept of constructive possession, if you didn't know that the person nearby was carrying a concealed weapon, that would relieve you of the "knows of the presence or existence of the object in question" part.
Of course, in these circumstances, the person with the concealed carry permit and the gun could be in legal trouble. Most states havelaws governing concealed carry licenses.
In some jurisdictions, it clearly prohibits a person with such permission from meeting and being in close proximity to an offender.
You can see how this situation can create a lot of legal gray areas and why consulting an attorney in your state is often the best course of action to take other than never being around someone who is carrying a concealed weapon if they are a criminal.
What happens in constitutional transportation states?
As a criminal, being around someone with a gun doesn't alter the problems and consequences that surround constructive possession, even if you live in one.constitutional carriagestate.
It may slightly protect the wielder of the concealed weapon, but not you, the offender.
So no matter what state you live in, it's best to avoid being around anyone who knowingly carries a weapon, concealed or otherwise.
What about honest mistakes?
Theoretically, there may be situations where neither the offender nor the holder of the concealed carry knew of the other's status.
However, if you are stopped under these circumstances and an officer determines that you are in constructive possession of a firearm, technically, ignorance of the fact would protect you to some extent.
However, it is not far-fetched to imagine a situation where the police officer is not convinced and you could be arrested. It would then be up to the Public Ministry to proceed or not with the accusations against him.
Then it becomes a matter ofdiscretion of the Public Prosecutor. Would a prosecutor agree that it was an innocent mistake?
Given the potential ramifications, even these kinds of "innocent misunderstandings" are best avoided.
What may seem like innocent oversight on your part could be interpreted as constructive possession by a prosecutor.
As a criminal, the most effective solution would be to never be around someone you know is armed.
Obviously, the mere fact that the other person has a concealed carry permit creates a problem for you, unless the person is actually armed when they are around you.
However, problems can arise if the person with the concealed carry permit lives in the same household as you. This also requires careful legal advice to determine the best course of action to avoid potential legal issues for you or the owner of the concealed weapon.
In some circumstances, keeping the gun in a locked safe that you don't have access to can get both of you to comply.
Another solution would be to ask the jurisdiction that sentenced you torestore your civil rights. However, if you go down this route, your restored rights must include the restoration of voting rights, the right to serve on a jury, and the right to seek and hold public office.
Otherwise, the federal law that prohibits you as a criminal from being near a forearm still applies.
The short answer to whether a convicted felon can be in close proximity to someone with a concealed carry permit is no, as long as the CCP holder is armed.
As a criminal, you must never knowingly be near or near firearms. The only way out of this is to request that your civil rights be restored.
The basis for all of this has to do with federal prohibitions against criminals around firearms and ammunition. Many caveats apply. That's why seeking legal advice for your specific situation is the most prudent course of action to take.