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What if a convicted felon stays the night and you own a gun he has his own house but was at mine and got charged with felon with a firearm?
The federal law clearly states that a convicted felon may not own, may not possess, and may not be permitted access to firearms. Whether or not you have a gun cabinet, it can be considered permitting them access for you to allow them to stay in your house, and you may be subject to prosecution, as well, should they get a hold of that firearm.
What else can I help you with?
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."
Can a convicted felon live in the house if the owner has a registered firearm in the state of Maryland.?
Yes, but may not have access to the firearm (stored under lock and key that the felon has no access to)
Can your spouse own a firearm if you are a convicted felon in MD?
Yes, but the felon cannot have access to it.Additional: While the above answer is true in the broad sense, the spouse who owns the firearm may NEVER have it in their possession at any time the felon-spouse is in, or near, their presence.They may not keep it in the house - they may not keep it in a car - they may not carry it - etc - at any time the felon-spouse is present.To do so, places the felon-spouse in the unlawful/criminal position of being in "concurrent possession" of the weapon.Furthermore, if done in such a way that it can be proven that they "knowingly" did so the spouse could be charged as an accessory to supplying a firearm to convicted felon.
Can a convicted felon use a bb gun to defend his house in Florida?
No, a felon may not be in possession of any firearm in Florida. This includes BB and dart guns.
Is it illegal in the state of South Carolina for a convicted felon to live in a house were someone else owns a gun?
Yes it is unlawful for you to be anywhere around firearms regardless of WHO owns them. To be in the same place as a firearm places you in what the law calls "concurrent possession" of the firearm. You could be convicted of the possession and sentenced to prison ESPECIALLY if you are a federally convicted felon.
Can a ex-convict who is in a house where there is a gun owned by someone else can they still be charged?
If the ex-convict is a convicted felon - yes - they certainly can be charged. Even being in the same house as a firearm is considered being in "constructive possession" of the firearm.
Is it against the law for a convicted felon to live in a house that has a rifle in it?
Yes, if the convicted felon has access to the rifle, it is illegal. Not exactly. The convicted felon cannot posses a firearm, but that does not mean everyone in the household is also punished and banned from possessing a firearm.
Can you register for a gun after a felony charge?
A convicted felon is generally prohibited from possessing a firearm of any type. If you have been convicted of a felony you maybe arrested for simply having a gun in the house. If you are awaiting trial, you may be forbidden from having a weapon by your release documents. If you were charged and not convicted then there is probably no restriction on owning or registering a gun.
If you have a felony and someone owes a gun in that house can you be charged?
You have gotten some blatantly incorrect answers to your question. As your question infers, it is unlawful under both state and federal laws in the US for a convicted felon to possess a firearm. The key legal term here is possession, which under the model penal code is defined as having physical custody or control over an object. This definition tends to imply that possessing a firearm entails the individual physically having the firearm on their person. However, the legal scope of possession is not limited to mere physical control or custody of the firearm by the convicted felon. In the scenario you describe -- being a felon and the occupant of a home where a firearm is kept -- you can most certainly be charged with possessing the firearm under the doctrine of constructive possession, which occurs when a person has knowledge of an object plus the ability to control the object, even when the person has no physical contact with it. Of course, it would have to be proved that you in fact knew a firearm was present in the house in order for a conviction to be lawfully adjudicated.
Is is possible for a convicted felon be charged with probation violation when a the ATF team raided his house and found guns underneath house but not in his hand possession in the state of Georgia?
Violation of Probation is the least of your problems. You were in in what is known as "Concurrent Possession" of the firearms because they were secreted in your house. You stand a good chance of being charged as a Convicted Felon In Possession of Firearms.
Is it illegal in the state of California to own a gun if you live with a convicted felon?
It may not be illegal for YOU to own it - but - if it is in the same house as the convicted felon he may be deemed to be "in possession" of it. A convicted felon is prohibited by federal law from owning or POSSESSING firearms (USC, Title 18). If it comes to it, you MIGHT be charged with "aiding and abetting."
Can a convicted felon in Tennessee live in a house with a firearm?
No, not in Tennessee nor anywhere else in the US. The federal law states that a convicted felon may not purchase, possess, or be given access to firearms. Living in a house with firearms present is considered them having access, whether it's kept locked up or not.
