Roommate with Criminal History

[BeantownGuy80]

I own an apartment building with several 2-bedroom units. I currently occupy one of these units and recently a long-time friend has asked if he can move into the same unit with me and occupy the second bedroom. I have a Class A LTC and I know that this friend has been convicted of two counts of OUI and drug possession 5 or more years ago but has been clean since then.

Barring the obvious disclaimers based on the wisdom of this arrangement, what legal ramifications are there? A second OUI can carry a 2.5 years sentence so I am fairly certain he is federally banned from firearm possession but am I required to secure the arms and ammo to some higher legal standard? Am I breaking any law myself knowing that he has a record? Is he already in violation for being in the same household as me? I assume there are some kind of exceptions for spouses, but we are just friends so none of this applies.

I did try to search first but I did not find a good discussion on this topic. I believe it would cover my ass if he lived in another unit but the point of sharing one unit is that when my other units are fully occupied I could use the extra cash since I don't use my second bedroom anyway. At the very least from an academic standpoint I would like to hear and consider the consequences of the proposed situation. If someone could point me at an applicable section of Federal law or MGL I would greatly appreciate it. Thanks!

 

[whatluck]

If he has no access to your firearms you're GTG. I would get a REAL safe.

 

[Rob Boudrie]

1. In theory, the state would need to prove he had access to your guns to successfully prosecute you. As a practical matter, the burden will be upon you to prove he does not have access.

2. Living with a prohibited person could pose a real obstacle to suitability, depending on the town you live in. Denial based on a disqualified housemate would make an interesting Heller/McDonald test case, but that would be a long drawn out process.

3. If he gets busted again, bail will very likely depend on him living in a home with no firearms. Make sure you cover that contingency with him if you don't plan on disarming so he can make bail.

 

[BeantownGuy80]

Thanks for the prompt reply. I assume that by "real safe" you mean a solid safe that is bolted down as opposed to a cheap "gun cabinet"? Is there case law that supports that this makes "constructive possession" (i.e possession by mere presence) impossible? Am I criminally liable in any way if I sufficiently lock it up. I don't anticipate anyone searching here but I am just trying to cover all the bases. I do the right thing even when nobody is looking

Also I suspect this means that all ammunition (and ammunition components) must be locked in there as well. That really makes self defense against an intruder a bummer.

 

[Rob Boudrie]

There is no specific law on your exact situation, but constructive possession has to do with access and/or control. If he doesn't have the combination, he doesn't have access or control. BUT... you really need to concern yourself with how your local chief will feel about issuing an LTC to someone who lives in a household with a prohibited person.

 

[BeantownGuy80]

There is no specific law on your exact situation, but constructive possession has to do with access and/or control. If he doesn't have the combination, he doesn't have access or control. BUT... you really need to concern yourself with how your local chief will feel about issuing an LTC to someone who lives in a household with a prohibited person.

Rob, thanks for pointing out a lot of the related issues. As far as the license issuance, my expiration is not for just over 4 years. I plan on moving out before then as I am just living here until I accrue enough rental income for a down-payment on single-family house. That being said, and especially with the unpredictable economy, I know that plans may fall through so I do appreciate the advice. I know that I may keep the law to the letter, but at the same time I can't deny that I too would likely be influenced towards non-renewal if I were in his situation.

 

[GSG]

Is there case law that supports that this makes "constructive possession" (i.e possession by mere presence) impossible? Am I criminally liable in any way if I sufficiently lock it up.

Not that I'm aware of. Just keep in mind that it should be obvious that the safe is solely yours. Things like bolting down the safe in your room and not in a common area of the dwelling, not keeping anything of his in the safe, because the gives the impression that he has access, even if he doesn't, don't leave your safe keys laying around, etc. If possible I wouldn't even tell the guy that you have guns at all.

God help you if it comes to the attention of Boston PD that you're living with a prohibited person. In general I think it's a very bad idea to have him there, I know that LTC's have been lost over the criminal record of housemates, and the Mass. courts seem to take an indifferent view to the matter. Sometimes it comes up over minor interactions with a nosy cop. It might be helpful if he's cleaned up his act, is an upstanding citizen now, etc., but I wouldn't bank on it.

I really can't see any way that you could come out looking good in this. It seems strictly legal, but nothing I'd want to try.

 

[BeantownGuy80]

Okay, I'm sufficiently spooked. It sounds like it's not worth the hassle.

 

[GSG]

Okay, I'm sufficiently spooked. It sounds like it's not worth the hassle.

I'm being cautious and discussing typically uncommon worst case scenarios. But based on your username I'm guessing that you live in Boston, which isn't exactly a gun friendly municipality in MA. To be fair, there's other people on NES who have LTC's and family members residing in their home with past legal troubles who haven't reported any horror stories. But when giving legal advice, I tend to err on the side of caution.

 

[Len-2A Training]

I fully agree with GSG's comments in #7.

I KNOW that "suitability" by many chiefs/LOs takes into account "those you associate with" and it's nothing to suspend/revoke a LTC if said roommate were to come to the attention of the issuing PD.

I would not do it!

 

[Twigg]

Roommate with Criminal History

Its your life but just the title of this thread screams bad juju.

Find your friend a nice studio or 1 bedroom apt.

 

[Spanz]

BIg dice to roll. Police come looking for your friend with probable cause for something he did, enter your house, find an empty shell (component) or a large cap mag that is not clearly stamped with a preban date code, and it is going to turn out poorly for YOU.

 

[drgrant]

Fun facts to keep in mind- BATFE has trashed peoples homes over whats best described as "nuanced rumblings" of an occupant who is a prohibited person having access to firearms. Tread lightly, keep your stuff locked up and out of sight.

-Mike

 

[GSG]

Police come looking for your friend with probable cause for something he did, enter your house, find an empty shell (component) or a large cap mag that is not clearly stamped with a preban date code, and it is going to turn out poorly for YOU.

I'm going to have to disagree with this.