So I know there is a Kentucky version of this but I was curious if anyone here is knowledgeable on the law here in Ohio.
Say if a felon has to live with me, which I am a registered gun owner and have a CCW. I do keep my guns locked up in a lock box and only I have the key.
I know Constructive Possession mean if the felon can get dominion or access to said firearm without physically possessing it, it can count as a violation.
But if I keep my guns under lock and key, and have either the key on me at all times or hidden without said felon knowing where it is or even knowing that said firearms are in the residence?
And lets say this felon is convicted of a non violent offense. Is it ok that they live with me as long as my guns are hidden, locked, and kept away from them? And if I decide to carry my gun, as long as its on my person in my IWB holster at all times and not in the glovebox and concealed, will that be violation for said felon?
I know I asked something simular to this on another post about my friend, but it sparked a huge curiosity after also reading the KY post. And was curious on Ohio. Iād love to be more knowledgeable on this. Cuz if someone I know is a felon and they have no place to live and I say hey live with me, Iād like to know what my options are. I know we have to speak with his Probation Officer to ask these things, but thought this would be an interesting post so that other fellow Ohio residents can have some knowledge.
Thing is, I took Attorney law in highschool years ago (Laws have changed since 2007) cuz my career choice was gunna be in Law Enforcement. And I did go to a vocational school and take a class on LEO training. But I have a bad back which kept me from going fully through to applying to my local PD.
Thank you to anyone who can give me some insight on this! <3 Much love and be blessed!
Ok. So I am assuming after reading the PDF that what I read in the thread of KY could be simular? I am just curious if I can still possess my guns in a locked safe/hidden place or carry, however reading the PDF carrying may be a bad idea from what I am understanding under the āConstructive Possessionā law. Even if the said felon wouldnt have knowledge of said firearm either being on my person or if at my residence locked up and hidden and not knowing to said felon.
While to me the idea of āconstructive possessionā when the firearm is in the third row, the individual is not the owner of the vehicle and may not have known of the existence of the firearm, is simply a way to add more chargesā¦(far too much of that)ā¦ and not necessary since the individual in question with that case was already charged and convicted on other charges that had NO questions regarding his guilt.
Butā¦ it clearly indicates that if the individual is in the same house, regardless of access to the arms, it could and most likely would be declared āconstructive possessionā.
I would suggest that you ask your friend to find new living arrangements, or at the least, seek to have his rights restored sufficiently to allow him to remain in the same house as your firearms.
Again, without being able to opine on Ohio law, Ohio, like Kentucky and federal law, clearly recognizes constructive possession of a firearm. Beyond that, you will need to ask an attorney licensed to practice in Ohio.
Honestly, Iād start with the probation officer and then talk to the local attorneys about it. I have too many lawyers and judges in my family and they have beat it into my head that from judge to judge, county to county there is no telling how things will lean unless you know who youāre dealing with.
I will say that in my particular case, my wifeās son (my step son) got into trouble and was put on probation when he was 16. At the time, he was forced to live with me and my wife (his mother) rather than his father. The probation officer would come unannounced and check on his room, my gun safes and verify that my firearms were secured. They did try a couple times to have me open my safes which always was met with the same response, āGet a warrant.ā So be aware that if you do allow someone on probation into your home, ALL areas also come under scrutiny and anything not locked, is considered fair game to search because they consider it accessible.
Thank you all for the info and answers! Means a lot. I think Iām gunna go ahead and inquire with some local authorities, attorneys that I can get a hold of. Cuz this certainly would be great knowledge to have. I was asking this cuz I do have a friend who is a convicted felon of a non violent offense and it just sparked my curiousity of if said person had to move out and had no where else to go. Which I think I may also ask the question since we live on a farm and have some good space on our land, bring in a small building and ask in a case scenario if I could rent that building out as a living arrangement for them and not have to worry about constructive possession law.
But I do appreciate everyone answering, I am the type who loves to learn and take in as much information I can. Its best to be smart and knowledgeable instead of getting into a bind and not knowing what to do. And thats why I love the USCCA and a proud member of the USCCA. God bless!
