CCW & Visiting a convicted felon

davisway

New member
I live in MA and have a CCW. I regularly go to visit my grandfather's second wife's son who has lived in thier house since they passed away. He has had a hard life with numerous run-ins with the law and I am certain is a convicted felon. We are on good terms so I like to go every few weeks to make sure he is doing well (heart & lung issues). Does anyone know if it is ok for me to visit him while carrying seeing that he is a convicted felon?
Thanks!
 
I am not a lawyer, and I don't even play one very well on the internet.

You stated this family member has health problems. IMO, it is a good idea to leave your firearm at home, or locked up in your car. Why stress this person out?

If you have been convicted of a felony, you lose your constitutional right to carry a firearm.

Federal Law Provides:

It shall be unlawful for any person-

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) who is a fugitive from justice;

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C.802));

(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5) who, being an alien-

(A) is illegally or unlawfully in the United States; or

(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C.1101 (a)(26)));

(6) who has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) who is subject to a court order that-

(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(C)

(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9) who has been convicted in any court of a misdemeanor crime of domestic violence,

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
 
It's always best to contact the local courts or an attorney familiar will the local laws. As long as it is a private residence, and you're not allowing him possession of the firearm at any time, there shouldn't be a problem. A problem could arise if you visit establishments where known felons congregate.
 
It would seem to me that if you are legaly CCing and there are no objections from the property owner then you are in the clear. Of course it IS your responsibility to exercise all due diligence in reguard to your right to carry.
 
Thanks

Thanks for the replies. I wouldn't let it leave my person on any account, loaded or unloaded. The only time I don't have it is when I lock it in my car lock box (which is rare) or when I am at home and it is locked in my mini gun vault. He has emphysema and coronary heart disease but is pretty stable nontheless so knowing that I was carrying would not affect him in any way. He is a chain smoker while not on his O2.. I'm actually suprised that he hasn't blown himself up yet.. Just wasn't sure about the felon thing. Thanks again!
 
If you are carrying concealed, he would not know you even had a gun on your person unless you told him so.

He is the one who cannot possess a firearm.
 
It's always best to contact the local courts or an attorney familiar will the local laws. As long as it is a private residence, and you're not allowing him possession of the firearm at any time, there shouldn't be a problem. A problem could arise if you visit establishments where known felons congregate.

Do you mean in that said felons may try to take the gun from him?
 
Thanks

He does know because I have talked with him about it before. I just wasn't sure about me being in his house with him being a convicted felon, that's all. It has pretty much been answered, thanks again though.
 
If you have a legal authority to possess and carry a weapon - you can carry into the felon's home as long as the felon does not have constructive access to your weapon. However, you need the felon's knowledge and permission regarding the weapon. And. of course, if the local police or a probation/parole officer discover you have a gun in the felon home - you both might take a ride until it gets sorted out. If the felon is a violent offender - not only would I not go into the house, I wouldn't acknowledge the person's existence... I'm just sayin...
 
re: Convicted Felon

A convicted felon who has not had his rights restored may not be in control of any firearm. Depending on the particulars of his crime, he may petition for the restoration of his rights. I have a brother-in-law who is a convicted felon who had the chutzpah to ask if he could borrow my shotgun to go hunting. I asked if he had had his rights restored, to which he replied yes. I asked to see his paperwork, and he said they didn't give him any. I told him, I am a cop, I know that you get papers to show your rights have been restored. No Tickee, No Laundlee.
 

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