Can a convicted felon live in a house with guns even though they are not the owners of record? 13 Answers as of May 21, 2013

My daughter and her boyfriend live in my home, temporarily, and I own two guns. Can my guns be confiscated because of their felony convictions?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Your guns will not be confiscated, they will be carted off to jail. They cannot be in the house with the guns.
Answer Applies to: Georgia
Replied: 11/24/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
No they can't live in a house with guns. You are allowed to have them but they can't live there if you do.
Answer Applies to: Michigan
Replied: 11/9/2012
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Your guns may not be confiscated, however, the convicted felon may be charged with 'felon in possession of a gun' if police ever enter the home. The prosecuting agency may use a 'constructive possession' theory.
Answer Applies to: California
Replied: 11/8/2012
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
No, as long as they have no access to the weapons.
Answer Applies to: Nebraska
Replied: 11/8/2012
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
No.
Answer Applies to: Nevada
Replied: 5/21/2013
    Caruso & Diaz L.L.C.
    Caruso & Diaz L.L.C. | Natalia Diaz
    No. Guns can't be confiscated unless the felons are in possession of the guns. Especially if the guns are licensed to you. However, the felons parole officer would disapprove of the felons choice of residency. Hope this helps. Happy holidays.
    Answer Applies to: New Jersey
    Replied: 11/6/2012
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    A felon will be charged with a felony possession of any weapons that are in a house they are in, even if they are just visiting. Your weapons will be taken as evidence and possibly not returned. You should keep the weapons locked up in a separate location or you risk them going to prison and you will lose your guns.
    Answer Applies to: New York
    Replied: 11/6/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Possession of he guns is the question. Does he have access to the guns?
    Answer Applies to: New Jersey
    Replied: 11/6/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    They can get charged with a second degree, 15 year felony, with a 3 year mandatory minimum in prison. Is that what you want to happen?
    Answer Applies to: Florida
    Replied: 11/6/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    No, they won't take your guns because you have no record preventing you from possessing them. However, your daughter or her boyfriend (who ever is the convicted felon) could find themselves in trouble if they choose to live with you and their are guns in the home. This is probably a violation of the sentence and probation. Either store your guns outside the home or have your daughter and boyfriend move. You decide which is more important.
    Answer Applies to: Washington
    Replied: 11/6/2012
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Yes. They may not have access to firearms, even if they don't own the weapons. If they live in a house where they have access to firearms, you could both be trouble. You should keep the firearms somewhere where they do not have access to them (e.g. in a locked safe).
    Answer Applies to: California
    Replied: 11/6/2012
    Hamblin Law Office | Sally Hamblin
    The responsibility lies with the felon. You can either remove them by choice our they remove themself from the guns in your home. If guns are legal, they should not take them from you.
    Answer Applies to: Michigan
    Replied: 11/6/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The felon cannot live where guns are period. To do so would risk prosecution of the felon. It may be he can get his rights restored.
    Answer Applies to: Washington
    Replied: 11/6/2012
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