Can I own a gun in the house if my husband has felonies? - Criminal Law Questions and Answers-

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Can I own a gun in the house if my husband has felonies?

My husband was convicted of drug related felonies in 2007 and is no longer on probation. I want to purchase a gun and I know I am able to own one, but am I able to keep it in my home if it is locked in a gun safe and my husband doesn't have access to it? I am home alone for most of the day and with crime in my neighborhood on the rise, I'd feel more comfortable with the gun stored securely in my home. And if God forbid I ever have to use it to protect myself, will my husband be arrested for it being in my possession?

Law Office of James A Schoenberger
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Yes, if it is in a safe and he does not have the combination, you should be OK as he cannot have possession or control of the weapon.

Answer Applies to: Washington
Replied: 1/15/2012

Cornish, Crowley, Rockafellow, & Sartz, PLLC
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I wouldn't recommend it; it's a big risk for your husband. Proving possession may be difficult if anything happens.

Answer Applies to: Michigan
Replied: 11/1/2011

Law Office of Elizabeth B. Carpenter, Esq.
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From my experience, police officers and courts would consider your husband in possession of a firearm if it is in the house that he occupies. Having the gun locked up with your husband not having access to it will not make a difference. I would not allow anyone to have a gun in your house as long as he is living there.

Answer Applies to: Louisiana
Replied: 10/11/2011

Law Office of Peter F. Goldscheider
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It is always a difficult call even when the prohibited person does not appear to have access to the gun. Keeping it locked away from him is a prerequisite at the very least. Whether that will be enough if it ever comes to the attention of the police is a question I cannot predict however.

Answer Applies to: California
Replied: 10/10/2011

Answer By Dominic Greco
Greco Law Office
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No as long as your husband does not own it and he can't have access to it.

Answer Applies to: Michigan
Replied: 10/8/2011

Answer By V. Iyer
Iyer Law Office
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Yes. But you must absolutely make sure that your husband, whose is prohibited from "possessing" a firearm because of his felon status, cannot ever come into possession of the gun. You must always have the key to the gun case in your physical possession at all times. Possession not only includes "actual physical possession" but also includes the lunge able or reachable distance. Just be careful as your husband could be charged with possession of aweapon by aprevious offender if he could access the guns but may not have actually accessed the guns. If you can have a gun case that is unbreakable it would be even better.

Answer Applies to: Colorado
Replied: 10/7/2011

Law Office of Phillip Weiser
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Your husband is prohibited from owning, possessing, or having any form of control over a firearm. If he has no access to the gun safe, and there are ways to prove that, he may not be in for charges if you own the gun. I would strongly advise against it because proving he doesn't know the combination or have access to a key to the safe may be hard to prove.

Answer Applies to: Kansas
Replied: 10/7/2011

Theodore W. Robinson, P.C.
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It appears you've evaluated it correctly.but is always up to the police whether they charge someone with such a crime. But, the way you've analyzed it appears accurate. Good luck.

Answer Applies to: New York
Replied: 10/7/2011

Answer By Matthew McHenry
Levine & McHenry LLC
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Technically you can own a gun if it is truly yours and your husband truly has absolutely no access to it. Possession means that a person has control over the item. That being said, it is still a risky proposition that could make things difficult for your husband if there was any law enforcement contact.

Answer Applies to: Oregon
Replied: 10/7/2011

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