Is it OK to legally carry with felon son?

Brief intro (Hoping a Texas/Federal Attorney reads this and can answer.)

I have up-to-date Texas CHL. My son is a convicted felon currently on parole.

If, I am carrying, Texas CHL, and have a concealed HG in my console (with spare mags, as well as on my person (with spare mags), and I am pulled over, for whatever reason, with him in the vehicle (I, obviously, am going to tell my son to provide proof of ID) will he be arrested and returned to prison?

I ask this because, his last stint in prison was a pull over and a shotgun was found in the vehicle, which he states he didn’t know about (I think, 9 months back in prison).

Is my son going back to prison?

TY
docpeter1953@gmail.com

6 Likes

If the ONLY gun in the vehicle is the one on your person and he has no access to it I’d wager he’s okay, but you say there’s a second gun in the vehicle? That I can see being a huge Nono!

I’m NOT an attorney, definitely recommend asking a firearm attorney in Texas before taking too many risks in that situation. Your son, or worse, both of you may wind up in jail!

9 Likes

I train/workout with guys and gals that have Felony records. I carry in my gym bag when I’m in there. I let the owner of the gym, A convicted felon, know I carry. We asked the local police about it, since some of them train with us, they said if they reach into your bag and grab it, that’s illegal. If they sit next to your bag and don’t reach in, don’t worry about it. That’s a cop speaking not a City Attorney or Jury…

10 Likes

First I’ll preface my reply with: I’m not an attorney, and verify this with one to be sure.

I’ve done quite a bit of due diligence research on many aspects of firearms law, and concealed carry. I’m not an expert however.

You mention that the firearm is in the console, therefore it’s not necessarily under your direct physical control, and is technically accessible by your son. The concern of “constructive possession” then applies to him. Especially if you get gas, and have to step out to fill up the tank. Are you taking it with you or leaving it in the console, which it’s now closer to your son than you?

However, if the firearm is in a holster on your hip, or in your waistband, it’s in your direct control and physical possession. This reduces the idea that your son could be in any type of possession as you can physically stop him before he could access it. If you leave the vehicle you’re taking it with you.

The other aspect to keep in mind is that, as far as I know, Texas has a “duty to report”. Due to this, the officer will of course know there is a firearm, and that your son is a felon. While this situation may be possibly legal on a technical basis, if you have the firearm on your person, a Law Enforcement Officer might see it differently and then there could be legal issues that you have to fight.

Edit/Update: As I re-read the OP, I get the feeling there might be a second firearm. The thought does cross my mind that if the console can lock, this MIGHT change things, with the firearm in that console if it is locked.

Again, double check this with an attorney to make sure.

9 Likes

Hello and welcome @PETER202 and @MrJoshuaYoder

:point_up::point_up::point_up:

8 Likes

@PETER202 Welcome to the community! That’s hard to say, and sounds risky, the way things are going these days.

1 Like

@MrJoshuaYoder Welcome to the community, agree with your input, but then again, it’s an iffy situation depending on the officer’s mood on a certain day. :thinking:

3 Likes

You don’t want it in the console with a felon in the seat next to you

I’m not a lawyer, this is not legal advice. But literally Tom Grieve, an attorney, has said: Don’t do that.

If you are going to be in the presence of a convicted felon, I recommend always keeping the gun on your person, and never somewhere like a console where the convicted felon could have access

7 Likes

If you’re carrying your firearm on your person, you’ll be fine. Leaving it anywhere where a non-permitted person can get ahold of it? Then you’re rolling the dice on the opinion of the cop pulling you over. I wouldn’t even ask a lawyer, just don’t do it. Remember folks, cops are not our friends, they are witnesses for the prosecution.

7 Likes

Welcome to the community!

Your post was pretty much what my CCW instructor told me when I inquired about having my cousin, a convicted felon, to our house or as my passenger.

6 Likes

Agree with much of the advice above.

Best to consult a lawyer but as I understand it if a felon is in the vehicle or home then the firearms all need to be either under the direct control of a legal possessor or locked away and inaccessible to the felon. Anything else will create the potential for more jail time.

LEOs might give you the benefit of the doubt that you are in control of the firearm in the console as long as you are in the vehicle but they could easily go the other way as well. Best to not have the second firearm in the vehicle or to keep it in a secure locked case.

8 Likes

Welcome aboard sir! Great first post.

3 Likes

If I’m reading this right you’ll have a concealed gun on your person AND a concealed gun in your console while your felon son is in the passenger side? Not just no but, hell no. Any judge worth a lick will assume the second gun is your son’s. And if you stop anywhere and leave your son in the vehicle with that gun unattended that’s a felony right there.

5 Likes

As a side issue, if you are driving and you’re pulled over for a traffic offense, generally (every state is different), the police have no right to ask for a passenger’s ID, so they would not know he is a felon. That said, if you live in a small town where people might know each other, or you get an officer that doesn’t know the limits of stop and ID rights, then you are not in a good place.

2 Likes

This :point_up_2:t4: happened to my cousin as soon as he got out.

2 Likes

Despite the one response that you got that sounded like good advice, I would urge you to pay the fee and have an attorney who is familiar with gun defense give you PAID legal advice. Free advice is worth less than it costs you. I worked as a court reporter and I can tell you that all the free legal advice I ever got from attorneys was worth less than I paid for it. Have the attorney give you copies of the statutes or the decisions he is relying on for his advice to you. Keep them in the glove compartment of your car. Never rely on what some cop tells you. It is worth no more than my opinion on the matter and there is a good chance he doesn’t understand what he is telling you. Some folks in law enforcement memorize pertinent code sections but haven’t a clue as to their meaning and effect. But they can recite chapter and verse from the penal code sections of the law. How to select an attorney? The attorneys listed on USCC’s attorney list have indicated that they have some experience in the field of inquiry. I would start there. Again, pay for the advice. DO NOT RELY ON FREE ADVICE. If you rely on free advice, you may wind up spending lots more for representation when you are arrested and charged. You don’t get a refund if the charges are dismissed.

2 Likes

I do know that when he was in prison I had to have any HG under double lock when I went to visit. So I had a locked steel case with a cable tethered in the trunk.

Your answer is about what I was thinking. I CC with a fanny pack, so it is under my control. I will need to remove the HG in the center console.

Just don’t want to find out too late for him, I have my up to date and valid CHL.

Trying to find an attorney who can answer.

7 Likes

Good :+1:t4: Err on the side of caution.

1 Like

Appreciate your post.

Been following your post for resource as I have a relative who is ex felon, completely turned their life around and I wanted to take em hunting with “bow/arrow”, but I do CCW carry often and am around them sometimes when we see each other.

Would their parole officers be any good to ask? IDK.

3 Likes