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Old May 5, 2013, 09:04 PM   #6
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by Derius_T
...Where is this headed? It seems to say that even if the guns legally belong to me, and I have a full legal right to own them, that they can be seized because someone in my home gets deemed "mentally ill" by some over zealous medical personnel, and suddenly I am stripped of my legal rights...
This is not new, novel, nor a California issue.
  1. If someone may lawfully possess guns but is living with a prohibited person, he must secure his guns against access by the prohibited person.

  2. When the Third Circuit (Pennsylvania) looked at the issue a while ago, it let stand an indictment for aiding and abetting the unlawful possession of a gun by a prohibited persons in a situation in which a gun owner had a cohabitant who was a prohibited person.

    The point in that case, United States v. Huet, 665 F.3d 588 (3rd Cir., 2012), was that the gun the prohibited person was charged with possessing was not secured against the prohibited person's access, supporting both the prohibited person's conviction for unlawful possession of a gun and the indictment of his cohabitant. From the opinion (at pg. 593, emphasis added):
    Quote:
    ...on June 6, 2008, a valid search warrant (the “search warrant”) was executed on the couple‟s Clarion County home. Agents seized an SKS, Interordnance M59/66 rifle (“SKS rifle”) from an upstairs bedroom.

    Although Huet is legally permitted to possess a firearm, Hall was convicted in 1999 of possessing an unregistered firearm, in violation of 26 U.S.C. § 5861(d), and is therefore prohibited from owning or possessing a firearm. After being informed of the raid, Huet allegedly told investigators that the guns in the house belonged to her and that it was not illegal for her to purchase weapons. Despite Huet‟s assertions that she alone possessed the SKS rifle, the Government sought and obtained an indictment charging Hall with illegal possession of the weapon, and Huet with aiding and abetting Hall‟s possession....
  3. So the issue for a gun owner in any State living with a prohibited person will be to assure that the prohibited person not have access to the gun(s). This could probably be accomplished by (1) keeping the gun on his person under his control; and (2) when not on his person keeping the gun locked up in a safe/case to which the prohibited person doesn't have the combination or key.
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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