GUNS AND FELONS LEGAL QUESTION

[Shawn.L]

Ok, so I have a very good friend of mine. He had a drug-related felony a long time ago. Did some time in jail, completed his probation with no problems, and has been clean for a number of years. Hasnt so much as drank a beer. He is a bussiness owner, and a productive and resonsible member of society.

He is recently engaged. How is his fiance supposed to bring her gun into the home they both live in? Is there any way this can be done legally?

What is the process I can suggest to him for getting his rights restored?

[knight0334]

If I remember correctly - it must be locked away so that he has absolutely no access to it. A key or combination lock on a storage box, locked cabinet or some other secure container should suffice. Only she should know the combination or retain a key.

Local sentiments towards felons that have gun owning spouses varies some from area to area. Some areas what I posted above is all that is needed, some areas demand that it not be in the dwelling at all.

You will needed verify with local sources of what is needed.

[FUNDAMENTALS]

I believe that: Article G, Miscellaneous Offenses, Chapter 61, Firearms and
Other Dangerous Articles, Subchapter A. Uniform Firearms Act, Section 6105:
persons not to possess, use, manufacture, control, sell or transfer firearms,
a1: says it all.

[larrymeyer]

I believe that: Article G, Miscellaneous Offenses, Chapter 61, Firearms and
Other Dangerous Articles, Subchapter A. Uniform Firearms Act, Section 6105:
persons not to possess, use, manufacture, control, sell or transfer firearms,
a1: says it all.

What does it say ??? Is he allowed to have it sitting on a table as long as his fingerprints are not on it

He not in possession his wife is, he's not using it, he didn't build it nor is he selling or transferring it. This post is not meant to be smart or to be considered shooting at the FUNDAMENTALS just trying to understand FUNDAMENTALS thinking

[knight0334]

What does it say ??? Is he allowed to have it sitting on a table as long as his fingerprints are not on it

He not in possession his wife is, he's not using it, he didn't build it nor is he selling or transferring it. This post is not meant to be smart or to be considered shooting at the FUNDAMENTALS just trying to understand FUNDAMENTALS thinking

You have to be careful with the constructive possession thing too.

[Shawn.L]

ok, so what if she keeps her gun in her car thats in her name (in a car safe of course)

or, a biometric safe in the home that is only programmed for her fingerprints?

[bug]

Ok, so I have a very good friend of mine. He had a drug-related felony a long time ago. Did some time in jail, completed his probation with no problems, and has been clean for a number of years. Hasnt so much as drank a beer. He is a bussiness owner, and a productive and resonsible member of society.

He is recently engaged. How is his fiance supposed to bring her gun into the home they both live in? Is there any way this can be done legally?

What is the process I can suggest to him for getting his rights restored?

Shawn,

If your friend has only the one conviction and has kept his nose clean he may apply for a Governors pardon. It is a process that will take about 2 to 3 years and if a pardon is granted (and they are) he can get a court order from the county in which he was convicted to expunge the offense. As far as I know that is the only way. The cost isn't too bad but you should have some coaching when filling out the application. For example, there is no way the board will recommend you for pardon just to restore your gun rights. It's all about admitting your guilt, being contrite and wanting to restore your good name. As to his wifes gun, I don't know the law but whatever it is he should follow it if he wants to go the pardon route.

[Statkowski]

He is a convicted felon, his spouse possesses a firearm. Because he's in the same house, does he have constructive possession? Pennsylvania courts say no.

From Commonwealth v. Heidler, "In order to prove joint constructive possession, the Commonwealth ... must prove that Appellant had both the power to control and the intent to control the firearm. Commonwealth v. Magwood, 538 A.2d 908, 909-10 (Pa. Super. 1988)."

[Lucky111]

Why would the wife or girl friend be penalized and give up their right to bear arms? This would certainly be discrimination aganist the innocent party. I would imagine this could lead to a discrimination law suit.

[Shawn.L]

He is a convicted felon, his spouse possesses a firearm. Because he's in the same house, does he have constructive possession? Pennsylvania courts say no.

From Commonwealth v. Heidler, "In order to prove joint constructive possession, the Commonwealth ... must prove that Appellant had both the power to control and the intent to control the firearm. Commonwealth v. Magwood, 538 A.2d 908, 909-10 (Pa. Super. 1988)."

thanks. It would seem that if she had a biometric safe set only to her prints in the house she could keep her gun in there when not carrying.

anyone know of any cases that would go against that?

I am suggesting he speak with a lawyer first, just so everyone knows, and believe me, he wants to dot all his i's and cross all his t's at this point in his life.