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Can I be charged as a felon in possession of a firearm if it is purchased and owned by my wife in our home?
Wiki User
∙ 15y ago
No. A felon cannot live in the same house as a firearm. One of them has to go, or both of you may be prosecuted.
Actually, that is not exactly correct. A felon cannot have access to a firearm (or more specifically, cannot have constructive possession). Constructive possession is loosely defined, based on several state and federal court cases, as having access and intent to possess an item, in this case, a firearm.
So, if a felon lives with a non felon, the non felon can own and possess a firearm as long as the felon does not have access to it. This basically means that the non felon would have to keep the gun locked up at any times he or she does not have personal control over the gun.
Wiki User
∙ 13y ago
Wiki User
∙ 15y agoThe general answer is no, as long as the firearm is kept where you cannot possibly access it (IE: locked up and you don't have a key).
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What is the punishment for a felon who is in possession of a firearm in federal court?
This depends on the exact charges brought, and the prior record of the person charged.
If someone in your home is a felon is it still legal for you to own a gun?
I hope not. ADDED: It IS LEGAL FOR YOU to be able to own a firearm, HOWEVER you had better keep it somewhere else. It is not lawful for a convicted felon to be in the same house with it. Court decisions have ruled that such a situation places the convicted felon in what is known as "concurrent possession" of the firearm and they can be charged with "Unlawful Possession of a Firearm."
Is felon in possession of a firearm a federal offense?
Yes
What is the sentence for felon in possession of a firearm in Iowa?
5 years
Is there a statute of limitations for felon in possession of a firearm in Washington state?
No.
In Florida can a convicted felon be around someone who owns a firearm?
A felon can be "around" a person with a firearm as long as the felon doesn't own or possess the firearm, however, "possess" is subjective. If the felon can access the firearm, it might be considered possession if something were to happen.
What is felon poss fa?
It is court or police abbreviated 'lingo' meaning Felon In Possession of a Firearm.
Can you own a firearm in mt if you have a nonviolent felony?
No. No convicted felon can ever lawfully be in possession of a firearm.
Can a felon live in a house in Alabama where someone else has a firearm?
No, being in such a situation places the felon in what is known in the law as "Concurrent Possession" of a firearm.
How many yrs does a felon on probation in the state of ca get with possession of a firearm and amunition?
Difficult to answer - too much is unknown. You can be pretty sure that they will be returned to jail/prison to serve the remainder of their original sentence. In the meantime they will be charged and tried for the firearm possession offense, and that sentence will probably be added onto the top of their original sentence. If the felon was charged under the federal statute they could be imprisoned for up to 15 years on the firearm charge alone.
What is the minimum sentence for a felon in possession of a firearm in il?
Convicted felon in possession of a firearm is a FEDERAL offense and would be handled under the sentencing guidelines in effect in the federal court system NOT Illinois.
Can a separated spouse of a convicted felon purchase a firearm in the state of oklhoma?
The separated spouse of a convicted felon is not legally prohibited from purchasing a firearm. HOWEVER, if it is contemplated that the convicted felon may be anywhere around the firearm, ESPECIALLY IF THEY ARE IN THE SAME RESIDENCE, it will place the convicted felon in "concurrent possession" of that firearm and he may be arrested, charged, and imprisoned. ALSO: If the evidence suggests, the prosecution MAY try to prove that the separated spouse knowingly conspired to supply the availability of the firearm to the felon, and charge them as an accessory.
