Having a gun in a house of a convicted felon

[racingfast]

OK GUYS here is a question..

Have a customer who had felony conviction from 1992 for drugs. He has been off parole since 2002, no arrests since.

His wife wants to purchase a firearm for home protection as he works nights.

I cannot run a PICS without an intent by HIM to purchase I know this..... he doesnt want to purchase, he wants to be sure if his wife does will he/she get in trouble for a firearm in the house?

PS there is no intent of her GIVING him the gun so straw purchase is not considered here.

THANKS IN ADVANCE!

[philadelphia patriot]

Considering there is a lot of legal consequences you, the wife, and felon are gambling, I'd actually pay an attorney to qnswer that question. I wouldn't risk my rights by asking random people on a gun forum for this legal advice.

[PAMedic=F|A=]

Considering there is a lot of legal consequences you, the wife, and felon are gambling, I'd actually pay an attorney to qnswer that question. I wouldn't risk my rights by asking random people on a gun forum for this legal advice.

Phila Patiot has perhaps the best answer.

I think it comes down to how you read "have access to". So any weapon would have to be on per person, or locked in a manner that he had no access to (biometric safe for example). If the felon had access to the weapon, she would be in violation of the law.

[middlefinger]

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sounds like a straw purchase to me

[MARINE DIVISION TWO]

Looks like a duck and quacks like a duck ? You get my point ! JMO/MDT

[PAMedic=F|A=]

.

sounds like a straw purchase to me

No it does not. If it was a straw purpose he would not have ensured the FFL knew he was a felon & was trying to avoid getting his wife in trouble. God only knows why he is a felon, perhaps he sneezed in the wrong place, that is all it takes these days. Most of the people on this forum could be charged with providing support to terrorism.

[R L Suehr]

Phila Patiot has perhaps the best answer.

I think it comes down to how you read "have access to". So any weapon would have to be on per person, or locked in a manner that he had no access to (biometric safe for example). If the felon had access to the weapon, she would be in violation of the law.

I believe this is the right idea. She would have to have a way to store it that would give him absolutely no access to the gun.

Considering there is a lot of legal consequences you, the wife, and felon are gambling, I'd actually pay an attorney to qnswer that question. I wouldn't risk my rights by asking random people on a gun forum for this legal advice.

^^^^excellent advice^^^^

[middlefinger]

No it does not. If it was a straw purpose he would not have ensured the FFL knew he was a felon & was trying to avoid getting his wife in trouble. God only knows why he is a felon, perhaps he sneezed in the wrong place, that is all it takes these days. Most of the people on this forum could be charged with providing support to terrorism.

it says he is a convicted drug felon with 10 year probation

if you think she will purchase that firearm and he will never handle it..........want to buy a bridge?


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[Bang]

Change the paradigm to "prohibited person", which could be a misdemeanor charge we all would agree is draconian. Now focus on the innocent spouse's needs of self-protection (including protecting her spouse who cannot protect himself). It is a matter of punishing the ONE who transgressed, versus punishing a second who had nothing to do with any untoward activity. If the government said she cannot have a gun because of her husband's record, we would be up in arms about it. It's simple. She has the right, but is encumbered with responsibility of keeping it from him.

[tl_3237]

Phila Patiot has perhaps the best answer.

I think it comes down to how you read "have access to". So any weapon would have to be on per person, or locked in a manner that he had no access to (biometric safe for example). If the felon had access to the weapon, she would be in violation of the law.

^^ This - assuming the wife is not otherwise prohibited, she can make the purchase for herself. Barring the prohibited person from any access by the purchaser is required.

From Thread: Re: Living with a felon

Good to hear. Of course, there are natural limits to your rights when you choose to merge your life with that of a felon or other prohibited person.

You may be totally innocent of any crime, but if your spouse goes to jail, this will affect your right to intimate relations with your spouse, outside of occasional conjugal visits. If your spouse is on parole and limited in his travel, this affects your right to interstate travel with your spouse. If your spouse is a sex offender but you want to continue living together or working together or traveling together, your options are limited by proximity to schools and any other restrictions.

As I've said many times here, the innocent spouse retains all rights, but if you want to live with a prohibited person, you'll have to make some compromises. Basic precautions should pretty much immunize you from successful prosecution; a locked gun vault should suffice.

In the linked case, there may have been evidence that the felon was in the habit of showing the rifle to his buddies; that would suffice as proof of his access, custody & control, and the fact that she locked it up between his play dates wouldn't help her.

From Thread Re: can I still have my gun after marrying a convicted felon?

Your rights are not affected, you have the same right to own guns, the same prohibition on providing a firearm to any prohibited person or minor.

His rights are gone. Which means that you can't let him have access to your gun. He can't be in a house alone where he could pick up the gun or the ammo. He can't know where the key is to your locking safe, and he can't know the combination to a combination safe.

I would say that trigger locks are not enough; if he can hold a gun in his hand, he has access, and custody & control, and you both have screwed up.

If he's on parole or probation, he may be subject to specific additional terms; they sometimes say that he can't live in a house where there are guns, regardless of safes. If that's the case, then YOU don't commit any crime by having secured guns in a safe (because you have not transfered a gun to a prohibited person), but HE is in violation and could go away on an unhappy trip, for violating the terms that bind him.