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You are a convicted felon may your wife own a firearm in the home?
Wiki User
∙ 15y ago
The answer is, it depends. In the United States, generally speaking, a felon cannot legally own or possess a firearm. If the felon has absolutely no access to the firearm, he hasn't techincally broken any law, but if there were some trouble and police came into the home and discovered the firearm, or if the firearm was discovered in some other way, the local DA might try to say the felon had access to the firearm because it was in the home. That has happened here a few times. Additionally, there may be state/local laws specifically prohibiting firearms in a home with a felon.
Wiki User
∙ 15y ago
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Can a convicted felon's wife or son own weapons that are not in the felon's place of residence?
can a convicted felon's wife own a firearm that is not in his home
You are a convicted felon may your wife own a firearm secured in the home?
Some states may have laws disallowing it, but in general, yes, the wife of a felon can have a firearm as long as the firearm is kept where the felon cannot access it. Seeing I live in Alabama this is the state i need the laws for
Can the wife of an ex felon own a gun?
That depends on the use of "ex-felon". If the husband was a convicted felon whose conviction was later overturned and their sentence reversed, then the husband is no longer a felon - that is an ex-felon. If the husband is a convicted felon who simply completed his sentence, that is not an ex-felon - that is a felon.In either case, the wife retains the right to own a firearm. However, doing so in the case of a felon husband may send her husband right back to prison - under federal law, a felon may not purchase, possess, or be given access to firearms. Having a firearm in the same home can be considered allowing a felon access to firearms, even if kept in a gun safe.
If your husband is a state jail felon - can you own a firearm in Texas?
Yes, as long as he is not living with the wife. One person's criminal record has no legal consequences for that of another person not residing with them, regardless of their relationship to that person. Since it is illegal in Texas for a convicted felon to be in close proximity to a firearm, the husband would be in violation of the law for residing in a home that contained firearms.
Can a wife of a convicted felon buy a gun?
NO, with very few exceptions. Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GCA provides the Attorney General with the authority to grant relief from this disability where the Attorney General determines that the person is not likely to act in a manner dangerous to the public safety and granting relief would not be contrary to the public interest. The Attorney General delegated this authority to ATF. Rules and regulations for firearm ownership and sales can be found in ATF publication 5300.4 at the link below. Unless a person's gun rights have been restored by a judge, which is not as common as people think, a felon cannot legally own a gun in the U.S. A felony is specifically one of the things that makes a person prohibited.
Can a convicted felon's wife own a gun?
Technically, yes, but storing it brings up a major issue... even in a gun safe, having a gun in the home of a felon can be considered allowing them access to firearms, which is a federal felony.
Can I be charged as a felon in possession of a firearm if it is purchased and owned by my wife in our home?
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.
Is the wife of a convicted felon permitted to own and keep firearms in their dwelling?
yes she is because she does not have a fenoly
Can a man own a rifle if his wife is a convicted felon?
Assuming we are talking about the United States, the short answer is no, it does not affect your ability to own one. However, having it in the same house may possibly be an issue. A felon cannot own or possess firearms, but if the felon lives in a house with a firearm, but absolutely cannot access it, he technically hasn't broken any law, but, it's possible that it could be a problem if some legal issue arose. The best thing to do might be to check with your local or state district attorney.
Can a felon be in his house if his wife has a gun?
Technically, yes, but it's not something they should risk. Even if kept in a safe, it could very easily be determined that the felon has access to a firearm, and both the felon and his wife could find themselves facing charges.
What is the term that a person that don't have a criminal record purchases a firearm for a person with a felon?
It's called a straw purchase, but it applies to the purchase of a firearm for any other person, even if the person isn't a felon, with only a couple of exceptions, such as husband/wife.
If a convicted felon is married to a person that has a firearm can the non feloney person get in trouble for bringing the gun near the convicted felon.?
Yes, quite possibly, for "aiding and abetting" the felon. The felon would be considered to be in "constructive possession" of the firearm (he has access to it at anytime). The spouse obviously knows that they are married to a felon - and knows that the felon should not be "in possession" of a firearm, yet owns it, and/or keeps it in the house anyway where the felon would have access to it. Im confused by this answer. A felon does not need to have a gun in the house to have access to it. Simply being a free American in America means he/she could access a gun at anytime anywhere. Infact almost all gun crimes are committed by a person who is in possession of a gun illegally and got the gun through an illegal manner, such as stolen.Isnt it illegal for a person to posess and/or use pot in the state of California? Unless he/she has a mediacl prescription which is now legal in California. So if the wife has a prescription and a legal right, but the husband does not and she brings in pot to the house, that he "Has Access" to but does not access it, would that not be aiding and abbetting as the previouse answer implies?
