Can a felon be charged with having a gun if a gun was found where they live but they were not present and the gun is not theirs? 14 Answers as of February 26, 2013

You are a felon and stay with a roommate or girlfriend and the person without the felon is arrested on a bench warrant. The felon was not there. Can the police charge the felon with having a gun or being around one? They took the gun but nobody was charged with the gun. It was not a search warrant, just a bench warrant. The gun was found in a drawer.

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
If you are a felon you cannot possess, own, or buy a gun. If you are in the same room or car with the gun you can be charged with constructive possession of the gun. Id parole finds the gun in your house or apartment you can be charged. You may win the trial or parole hearing, but you can be charged.
Answer Applies to: New York
Replied: 2/26/2013
William L. Welch, III Attorney | William L. Welch, III
Anyone might be charged with a crime, regardless of whether he or she has in fact broken the law. Possession might be individual, joint, or even constructive.An attorney can assist you with evaluating the states case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence.
Answer Applies to: Maryland
Replied: 2/26/2013
Jeff Holmes - Attorney at Law | Jeff Holmes
This question is very fact specific, and it next to impossible to answer without more details about your case. The accused should speak with an attorney to discuss the facts in more detail to see what possible defenses are present. Unlawful Possession of a Firearm can be pled and proven under a theory of constructive possession, but there are inherent difficulties in doing so. It sounds as though there are a number of issues the State would face in pursuing such a charge, but it may not be impossible. An experienced criminal defense attorney should be able to help this individual navigate through the process.
Answer Applies to: Washington
Replied: 2/26/2013
Shane Law Office
Shane Law Office | Robert J. Shane
The search sounds illegal. You would need to have been in actual poeeseesion of the gun or in constructive possession or control of the gun.
Answer Applies to: Minnesota
Replied: 2/26/2013
Henry Lebensbaum | Henry Lebensbaum
Yes henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma (978) 749-3606. Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice.
Answer Applies to: Massachusetts
Replied: 2/26/2013
    Universal Law Group, Inc. | Francis John Cowhig
    It's possible, depending on where the gun was found.
    Answer Applies to: California
    Replied: 2/25/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    A felon may not have access to any firearm, regardless of whether or not they actually "own" the gun. The judge doesn't care who bought and paid for the weapon, only whether or not the felon could have accessed it. If the gun was left unlocked in a home where a felon lived, the felon is going to be in some trouble.
    Answer Applies to: California
    Replied: 2/25/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    Yes. Almost always, the restriction on having possession of a gun means under the probation or parole agreement, a gun is prohibited from being on the premises where they reside.
    Answer Applies to: Utah
    Replied: 2/25/2013
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    The felon can be "charged" if the felon had knowledge and access to the gun, or it was found in a common area. Whether or not the charges will be provable by the prosecution is another story. As an interesting side note, is the gun was legally possessed by the owners, can they get their gun returned? The government is seizing weapons at an alarming rate, even those that are possessed by law abiding citizens. Guns are a very politically charged issue right now, felon or not.
    Answer Applies to: California
    Replied: 2/25/2013
    Law office of Robert D. Scott | Robert Scott
    It depends on who is the owner or lessor of the property and whether the felon knew of the presence of the gun and intended to exercise contol and dominion over it.
    Answer Applies to: Maryland
    Replied: 2/25/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If a felon is living in a household with an unsecured gun, then the felony can be charged with constructive possession of a gun.
    Answer Applies to: Georgia
    Replied: 2/25/2013
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    Yes, you can be charged. However, you may be able to beat the charges. You should hire an experienced trial lawyer.
    Answer Applies to: Kansas
    Replied: 2/25/2013
    Craig Epifanio, P.A.
    Craig Epifanio, P.A. | Craig Epifanio
    Charged, the answer is yes. Now whether you can be convicted is another story. You need to have good representation that can fight for you and file the proper motions in your case.
    Answer Applies to: Florida
    Replied: 2/25/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    One can always be arrested.? They would have to prove that the felon was at the premises when the gun was there.? He can be charged even if it is not his as he can have joint possession; ownership does not matter.
    Answer Applies to: Texas
    Replied: 2/25/2013
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