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Originally Posted by motorhead0922
...Makes me wonder if a prohibited person can enter a home he or she knows, or strongly suspects contains guns. I've got an NRA sticker on my SUV in the driveway. Should visitors, if they are prohibited, be asking me if I need to lock anything up?
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Or you should be asking some questions.
Consider the case of
United States v. Huet, 665 F.3d 588 (3rd Cir., 2012). The Third Circuit (Pennsylvania) 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. In that case 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):
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...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....
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