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"Be around?" Yes. However, the felon cannot have access to the gun.

Added: NO! Definitely NOT! "Being around" a gun places the felon in what is known in the law as CONSTRUCTIVE POSSESSION of the firearm which is enough to put him in prison.

It depends on the definition of "being around." I discussed this specifically last year with the local DA in my area because someone I know was a felon, but he comes over to my house occassionally. The DA said that as long as the person doesn't have access to the firearm (IE: the firearm is locked up), he is not in violation. I also specifically asked him about a spouse of a felon living in the same house and he said that the same thing applies. If the gun is locked up and not accessible to the felon, there is no violation. And to futher my answer: some high courts have held to this, such as Commonwealth v. Heidler, which holds constructive possession only applies if it can be proven that the felon "had both the power to control and the intent to control the firearm."

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15y ago

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