Roommate on probation with my firearms in apartment?

[Circuits]

Getting back to firearms, don't leave your guns carelessly out in common areas, and other than that, it's not your job to police the firearms away from the ineligibles.

It's HER job to not mess with firearms, not yours to prevent her from having any opportunity to do so.

[SideShow Bob]

If you don't already have one, put a solid wood door and a good deadbolt on the door to your room. And lock it when you are not in house. Heck, even lock it even when you are there, that should help prevent the searches without your consent.

[lex137]

I wouldn't mind you storing them at my place if your willing to pay JK. I hope it works out I know centennial gun club does gun storage, no idea on price, rules, and so on.

[Great-Kazoo]

If she is going to be on the lease. Put an immediate eviction clause in there, outside of the normal paperwork. She must adhere to her classes etc. IF she fails a test and or misses a class. There's the door. Enabling an addict, even the smallest thing, may be considered weakness. Something to exploit and or abuse. Never mistake kindness for weakness. It's something addicts do and do often.

[Circuits]

If she is going to be on the lease. Put an immediate eviction clause in there, outside of the normal paperwork. She must adhere to her classes etc. IF she fails a test and or misses a class. There's the door. Enabling an addict, even the smallest thing, may be considered weakness. Something to exploit and or abuse. Never mistake kindness for weakness. It's something addicts do and do often.

I don't believe this is allowable for a private residential contract... housing law gets complicated.

[nisils14]

If it were up to me, I'd would rather move my stuff to someplace else. I understand that you have a safe, but I would rather not have my firearms and a probationer get potentially mixed up. Out of sight, out of mind kinda philosophy I guess.

[Hound]

Seemed pertinent in that you have no rights if you are on parole or on bail. This would extend to property around them. This site may give you same real legal info that none of us could... And its free :

http://fourthamendment.com/?p=12333

D.N.H.: Bail conditions can permit otherwise illegal searches of the person; same as parole search

Posted on July 1, 2014 by Hall
Officers had reasonable suspicion to conduct a patdown of the defendant. Even if they didn’t, a bail condition of his would have permitted it. United States v. Drane, 2014 U.S. Dist. LEXIS 88729 (D. N.H. June 30, 2014):

Finally, even if the police lacked reasonable suspicion to search Drane for weapons, that search nevertheless did not violate Drane’s Fourth Amendment rights. At the time of the traffic stop, Drane was subject to bail conditions that, “[i]n order to determine if [he] ha[d] violated any prohibitions of [the] bond regarding … illegal drugs,” he would “submit to searches of [his] person … at any time without articulable suspicion or probable cause.” The Court of Appeals has ruled that, “even in the absence of articulable suspicion,” similar bail conditions “independently justified” the police in searching a suspect, “see[ing] no reason why [it] should not give the plain language of the bail condition force and effect.” United States v. Gates, 709 F.3d 58, 64 (1st Cir. 2013). The same result is in order here–particularly since Drane has not argued otherwise. Because the officers’ actions toward Drane after they stopped him in Biddeford, Maine, in June 2012 did not violate his Fourth Amendment rights, his motion to suppress the evidence resulting from that stop (including the crack cocaine he ultimately produced from his underwear) is denied.

In Gates, a panel of the First Circuit held merely, with zero analysis: “After all, the defendant had agreed, as part of his bail conditions incident to the charges of disorderly conduct and resisting arrest, to submit to searches of his person and residence at any time, even in the absence of articulable suspicion. We see no reason why we should not give the plain language of such a bail condition force and effect.” The court relied on Samson and a First Circuit parole search case. The short answer: A parolee has been convicted, but a person on pretrial release has not. Big difference, which they cavalierly don’t brush off; they don’t even recognize it.

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[Great-Kazoo]

I don't believe this is allowable for a private residential contract... housing law gets complicated.

She will be sub-leasing off the two guys lease. They can write anything they want, as she is not on the original lease. Will a local court or mediator uphold it, who knows??
I 'll finish my reply to your post under the other quote

If it were up to me, I'd would rather move my stuff to someplace else. I understand that you have a safe, but I would rather not have my firearms and a probationer get potentially mixed up. Out of sight, out of mind kinda philosophy I guess.

So the DUI chick is going to move in. Regarding the wording of the sub-lease. WHY NOT make sure there is a fail safe to avoid a drama drawn scene, because she had ANOTHER relapse (oh i am sorry please give me a chance) smashed up the boyfriends room. Unless the 2 guys want to have local LE remove her (unlikely) What recourse do they / he have to get this time bomb off the premises ?

In regard to his firearms and other acc. IF as in an early post as the OP inquired. There is a need to remove said items. WHY THE HELL IS SHE EVEN ALLOWED TO LIVE THERE? I know the OP is looking for another place. Until then, why have that much more of an uncomfortable living scene than needed? Why put the OP's accessibility of personal protection out of reach, to prevent Ms DUI from getting them.
Curious, will there be access to alcohol in the dwelling? Not talking beer, wine, vodka. I'm talking mouth wash, furniture polish, cooking wines etc. Unless there is going to be a complete limit to anything harmful, the removal of guns, is meaningless.
Having dealt with ALCOHOLICS (which this woman is) one would be surprised what lengths they go to for a buzz.

[Martinjmpr]

It's not a perfect solution but you might consider doing what I did when I was in the military. I lived in the barracks where firearms were prohibited. The "official" rule was that if you were single and lived in the barracks, you were required to turn you POW's (Privately Owned Firearms) over to the Company armorer, who would then inventory them, noting the serial numbers, and store them in the arms room with the other weapons. If you wanted your weapons, it was up to you to contact the armorer and make arrangements to pick them up, signing them out and back in just as if they were one of your government issued weapons.

I'm pretty sure that in 10 years of active duty, I never knew anybody who did that. What most of us did was store them at the off-post home of a trusted friend, or, what I did was this:

When I got to a new duty station, the first place I'd stop - even before I signed into the post - was at a "U-Store-It" type place. I looked for one that was in a decent neighborhood and had good security (like gated access with alarms and a live-on-premises manager.) I would sign a contract for a small storage unit and into the unit would go my weapons and ammo. Then I would report into post and when inprocessing, they would ask "Do you have any privately owned firearms that you will be bringing onto the post?" I would truthfully answer "NO" because I always kept them off-post.

When I needed them, it was a simple matter of driving to my storage unit and picking them up, and bringing them back when I was done. At Fort Bragg, there was a gun club and shooting range on-post and I would bring my firearms onto post to shoot there. This was really not much of a risk because this was pre-9/11 and Bragg was an "open post" - you could just drive right on. Noawadays it would be riskier because Bragg (and every other military installation to my knowledge) is a closed post and there is always a possibility your vehicle will be searched (although not a large one.)

Anyway, getting back to my point - you could simply get a small storage locker, put your gun safe there and have access to your firearms when you needed them, without having to worry about the probationer. It's been a while since I've had a storage unit but you can probably find one for less than $100/month. Something to consider, anyway.

[Great-Kazoo]

Anyway, getting back to my point - you could simply get a small storage locker, put your gun safe there and have access to your firearms when you needed them, without having to worry about the probationer. It's been a while since I've had a storage unit but you can probably find one for less than $100/month. Something to consider, anyway.

Why so many advocates for him doing OFF site storage??? The DUI is the issue / problem, NOT his guns Some many are willing to make CONCESSIONS for a DUI. What other things would everyone be in favor of giving up??