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Does a parole officer have the authority to limit CHL carry around a recent parolee?

Discussion in 'Legal & Political Archive' started by Nutty4Guns, Jun 6, 2012.

  1. Nutty4Guns

    Nutty4Guns Portland ADHD Superstar

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    So, a family member just got released on parole the other day and is living with other relatives. We know that there are firearm restrictions for the parolee. My brother asked the officer if CHL carry would be alright for family members who choose to do so. The officer said no, that if CHL holders came to visit, we would have to leave our firearm(s) in the car before we entered the house. WTF! Can he enforce this? He said that if we were around the parolee with our concealed guns and the officer shows up for an inspection, the parolee will be taken to jail. I want to call BS on this, but figured I'd ask the wise forum for thoughts on this matter. Needless to say, I am a little ticked off about this violation of my rights.
     
  2. Grunwald

    Grunwald Out of that nut job colony of Seattle, WA Well-Known Member

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    Ask him to point to the actual law so that you can look it up.
     
  3. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    The parolee would be in violation of his parole if he is around firearms (I assume a felony) this is why he would be taken into custody. I also assume that the relative knows that the visitors would be (most likely) carrying so he would have direct knowledge of being in the vacinity of firearms which is the part being pointed out by the officer.
     
  4. Rollinco

    Rollinco Salem, Oregon Member

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    It is not your right to carry that is the issue but the parole conditions don't allow the felon to be around or near firearms. You are allowed to carry but the felon is not allowed to be around you when you are carrying your weapon. These conditions are standard for felons and point to one of the rights that felons lose when they are convicted of a felony.
     
  5. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    That's the way I understand it too. Used to have a felon working where I work, I carried anyway and no one knew.
     
  6. westy39

    westy39 Montana Member

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    The short answer is YES. The conditions of parole are set, the parolee is well aware of the conditions of his or her parole. The PO (Parole Officer) doesn't need probable cause just reasonable suspicious to place a PV (Parole Violation) on the parolee. The parolee then goes directly back to jail and later has a parole hearing. It has been my experience that most Parole Officers are good to deal with but the parolee has to follow the conditions of his or her parole. Hey it is your call how you handle yourself, but it would be in the best interests of this family member not to piss of the PO.
     
  7. Nutty4Guns

    Nutty4Guns Portland ADHD Superstar

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    Points taken. Thanks guys.
     
  8. Swedish K

    Swedish K SW Washington Moderator Staff Member

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    I agree with what was stated above - When I started with Corrections I worked the warrant office - I remember a car full of parolees getting pulled over - no warrants are required for searching parolees, their cars, residences, etc. The arresting officer found 1 9mm bullet in the car - no one fessed up to owning the bullet so the bunch of them were sent back to prison for access to/possession of ammunition.
     
  9. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    What exactly are the restrictions that you know of for the parolee? Are you refering to the general law that prohibits felons from having a gun (ORS 166.270) or is there something specific to this person parole conditions?

    I don't think it's that hard for a PO to revoke parole (at least until a hearing) for just about any reason. However; I don't think he can be convicted under 166.270 simply because you are carrying. If that were the case none of us could carry anywhere because we might be near a felon.

    I wouldn't leave guns laying around or hidden in the couch while he's visiting, nor would I suggest open carry when you are around him but I think (obviously take that for what it's worth) your personal CC does not put him at much risk.

    For reference:
    166.270 Possession of weapons by certain felons. (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any firearm commits the crime of felon in possession of a firearm.
     
  10. Rascals

    Rascals Portland Or Active Member

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    If thats the case maybe they should stop the cops from carying around parolee's.
     
  11. JohnnyCauc

    JohnnyCauc Portland, OR Member

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    Carrying around convicted felons is completely legal. As stated above, it's "possession/custody/control".
     
  12. bikejunkie

    bikejunkie Salem Well-Known Member

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    Yeah, I don't see how I can be restricted from carrying at work because we employ a couple felons. My boss can say it's a no-go, but not some parole officer I've never met- that guy can pound sand. Both the dudes here know I carry, and don't care at all- they also both know they can't ever go shooting with me or hold my pistol (not that I'd offer it up- they are freaking felons after all...)

    That last bit is a joke for anyone wondering...
     
  13. unklekippy

    unklekippy In The Mountains Near Sprague River Well-Known Member

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    YOU cannot be restricted. YOU cannot go to jail. The PAROLEE can go to jail for being near firearms. YOU did not forfeit your rights by committing a felony. The FELON did.

    My ALL-CAP WORDS are meant to distinguish who is afoul of the law and who is not. They are in no way intended as a slight toward anyone. I will not forfeit my rights top possess and carry because my neighbor's son just came home from doing a dime at OSP(Sorry about the "dime" thing. I was watching the Soprano's last night.). Kip.
     
  14. Rollinco

    Rollinco Salem, Oregon Member

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    Y'all are confusing statute with parole conditions. The statute quoted by Kimber Custom pertains to the owning or possession of firearms by a convicted felon. Parole conditions are the rules a felon must follow as a condition of his release and are set by the Parole Board. If the felon does not follow the parole conditions his/her parole may be revoked which sends him/her back to prison. I think the key here is knowingly possessing a firearm in violation of the parole conditions of the felon. In the case of Bikejunkie the felons you work with, if they are currently on supervision, are putting themselves at risk of violation if their parole conditions require them to stay away from firearms.
     
  15. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    The thing is, you are not on parole...so no, the parole office has no control over you at all...You can do whatever is legal...

    If your Parolee is on parole for a felony, he can not handle or be in control of any firearms (Constructive possession), but then there is a quirk in the law that says, if you leave a gun out in your house, and the parolee is the only person there, then, for firearms possession purposes..he has constructive possession (even if it is not in his hand).

    If the firearm is in you personal possession and you are with him, or it/they is/are in a locked room/safe that the parolee does not have access to, that is OK, both for you and for the parolee. Remember...you are NOT the parolee, you are not under the control of the parol officer, and the access to firearms rules do NOT apply to you (assuming you are not a "prohibited person" yourself.)
     
  16. Edgewalker

    Edgewalker Salem Member

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    As it's been said, no, the parole officer has no authority to restrict YOUR concealed carry. The parolee though, is the one at risk. I regularly spend time with two friends who are on parole and as they explain it, they're allowed to be around firearms just not in POSSESSION of them. While the distinction seems pretty clear to me I'm sure that line can get blurred if there's a bad/new relationship with the P.O., what crimes were originally committed, their behavior while on parole and how grumpy the officer is feeling that day. If your family members P.O. is saying they would bust them for your possession then it sounds like they got a tough one. Might think about leaving it in the car or carrying deeper to avoid the headache.
     
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  17. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    Oh, may I add to all of this...no CHL(or CPL) required...you, as a Law Abiding Citizen of the State of Oregon(or Washinton) can OC anywhere you want to that is not specifically prohibited by law, or not, license, or not. Just make sure the parolee does not inadvertantly come into "constructive possession"..in violation of his parole.
     
  18. MountainBear

    MountainBear Sweet Home, OR Well-Known Member

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    I suggest asking a lawyer. We can guess and make our own lehman interpretations of Oregon Revised Statutes, parole conditions, etc., however, all most any of us are doing is guessing.
     
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  19. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    That's exactly the question I asked; Are we talking about specific parole stipulations that the parolee has applied to him (like can't be within 100' of a gun) or are we generically talking about the law that prevents felons from having weapons.

    If we are talking about specific terms of parole then it is compleatly up to the PO and the judge that set the rules up and who knows.

    If we are talking about the law then he shouldn't (I can't say 'wont') be violated because someone near him is in posession of a firearm. That would be like me getting a speeding ticket because the guy next to me was speeding. A parole can not (should not?) be held acountable to actions he has no control over.

    But I agree with MountainBear, call a lawyer.
     
  20. DCKilla

    DCKilla Wet Side, WA Member

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    Most of you are saying if a felon parolee comes even close to a gun, they go to jail. So, a parolee must leave a bus because some civilian that carries gets on, that's bogus. A person can hardly control the people they are around in a public setting.
     
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