Can a felon be in a home that has a handgun in it?

[KA3OYJ]

I was asked a question about ownership of a handgun and was not sure of the answer. A felon (one year prison sentence for drug posession) had a father pass who had two handguns registered in his name. The person wanted to know if his wife, who lives in the same house as he does may register the firearm in her name? I thought that she could, however I felt that I would ask those of you who are better informed than I. Can his wife register a firearm in her name and live in the same house?

Thank you,
Joe

[Philbert]

I was asked a question about ownership of a handgun and was not sure of the answer. A felon (one year prison sentence for drug posession) had a father pass who had two handguns registered in his name. The person wanted to know if his wife, who lives in the same house as he does may register the firearm in her name? I thought that she could, however I felt that I would ask those of you who are better informed than I. Can his wife register a firearm in her name and live in the same house?

Thank you,
Joe

I may be just barely more informed, but here's my understanding: a prohibited person (PP) cannot be in possession of firearms or ammunition, and having the gun transferred to another family member will not be a defense against such a charge.

So in order for this to work, your friend and his wife need to ensure that the firearms are always inaccessible to the PP - for example by keeping them in a safe he cannot open. They are both risking legal consequences here - your friend and his wife need to seriously consider if it is worth the risks - and if so they should talk to a lawyer and discuss the necessary precautions to make sure that the PP is never in possession (in the legal sense) of firearms OR ammunition.

[bob2055]

I have question. I can only guess that this would best answered by a lawyer. Gun Lawyer where are you. But I have heard in the past and don't know if this true or not.

If a prohibited person lives in a residence where firearms are lawfully owned by another member of the residence and stored in the residence, the prohibited person is in possession of a firearm. Even though the prohibited person does NOT have access to said firearms because the firearms are in his residence the prohibited person is in possession of the firearm(s). I was told this by a probation officer who is a friend of mine. I guess we need a lawyer to answer this one. Gun Lawyer your on buddy.

[BimmerJon]

I have question. I can only guess that this would best answered by a lawyer. Gun Lawyer where are you. But I have heard in the past and don't know if this true or not.

If a prohibited person lives in a residence where firearms are lawfully owned by another member of the residence and stored in the residence, the prohibited person is in possession of a firearm. Even though the prohibited person does NOT have access to said firearms because the firearms are in his residence the prohibited person is in possession of the firearm(s). I was told this by a probation officer who is a friend of mine. I guess we need a lawyer to answer this one. Gun Lawyer your on buddy.

Ask lawyers about the law, never cops.

My understanding is that they can be around them, just not in possession or have reasonable accessibility to them.

[bcpistolshooter]

OP Give this link a read, United States Vs. Huet

http://volokh.com/2010/11/24/second-...tes-of-felons/

Looks like it can get complicated. I would talk to a lawyer about this one.

[red dog]

all i can say is a firearms dealer i know had to remove all his weapons from the home while his live in son completed his probation from a dui. this may be a insite on the laws point of view. they didn't care if they were stored in a safe or not. right or wrong he kept his pdw on his person at all times and locked in his car at night, talk about inconvient in a emergency.

[hesserdude07]

my boss has many guns (hand and rifle) and his son just moved back in from a 3 year stay with the state. And i know his house had to be approved for the son to move in, they had told my boss... As long as they are ALWAYS locked up and the 'son' had no access to the key.

Hope it helps a little...

[KA3OYJ]

Thank you for all the replies so far. Seems like there is a little ambiguity about this. Almost as if each local has it's own standards? I know they don't but seems like it.

[gnbrotz]

all i can say is a firearms dealer i know had to remove all his weapons from the home while his live in son completed his probation from a dui.

He didn't "have to" do anything. Likely, he voluntarily chose to remove the firearms so his son could remain living there and not be in violation of the probation agreement.

There were other options.

[kadar]

Seems like there is a little ambiguity about this. Almost as if each local has it's own standards? I know they don't but seems like it.

Don't confuse probation/parole requirements with felony prohibition.
Probation/parole can have a requirement that no guns be in the house irregardless if it was a felony charge.

I was asked a question about ownership of a handgun and was not sure of the answer. A felon (one year prison sentence for drug posession) had a father pass who had two handguns registered in his name. The person wanted to know if his wife, who lives in the same house as he does may register the firearm in her name? I thought that she could, however I felt that I would ask those of you who are better informed than I. Can his wife register a firearm in her name and live in the same house?

There is no registration in PA.

This is a "tricky" situation.
If the wife is not an heir to the firearms, the husband would of had to have had possession of them to give them to the wife.
If the wife was heir, there is no problem with her being in possession of them with a felon in the house. As long as the felon never has access to them. (locked in a safe, he has no key...)