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February 4th, 2016, 01:42 PM #1
Having a gun in a house of a convicted felon
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!Gallagher Guns LLC Gun Shop/NRA Certified Instructor -Swiftwater
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February 4th, 2016, 01:48 PM #2
Re: Having a gun in a house of a convicted felon
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.
"The Constitution is the guide which I will not abandon.” - George Washington
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February 4th, 2016, 01:54 PM #3
Re: Having a gun in a house of a convicted felon
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."Cives Arma Ferant"
"I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001
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February 4th, 2016, 01:55 PM #4
Re: Having a gun in a house of a convicted felon
.
sounds like a straw purchase to meEcclesiastes 10:2 ...........
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February 4th, 2016, 02:06 PM #5Grand Member
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Re: Having a gun in a house of a convicted felon
Looks like a duck and quacks like a duck ? You get my point ! JMO/MDT
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February 4th, 2016, 02:07 PM #6
Re: Having a gun in a house of a convicted felon
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.
"Cives Arma Ferant"
"I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001
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February 4th, 2016, 02:11 PM #7
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February 4th, 2016, 02:23 PM #8
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February 4th, 2016, 02:48 PM #9
Re: Having a gun in a house of a convicted felon
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.
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February 4th, 2016, 02:54 PM #10
Re: Having a gun in a house of a convicted felon
^^ 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
From Thread Re: can I still have my gun after marrying a convicted felon?
IANAL
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