Can a felon live in a home with a gun if it belongs to someone else? 31 Answers as of June 10, 2013

If I own a gun and not the felon, can a felon live with me?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If the felon could get access to the gun, he can be found in possession of it even if it is not his. The gun should be locked up and he should not have any way to get at it. Even then you never know what a cop or prosecutor will make of the situation.
Answer Applies to: California
Replied: 5/23/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
There is a procedure whereby a person convicted of certain felonies may petition the Court to have a gun in the home. You should consult an attorney to discuss the particulars of your case to see whether you are eligible for this.
Answer Applies to: Michigan
Replied: 5/16/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
The most conservative answer is no. I defended a client on a similar issue and the court dismissed the case because I was able to prove that he where it was hidden in the house by his wife and therefore was not in his constructive possession. My client was very lucky he had a good lawyer.
Answer Applies to: Oregon
Replied: 5/16/2011
Law Office of Michael Brodsky
Law Office of Michael Brodsky | Michael Brodsky
The situation you describe could place the Felon in grave danger of the very serious charge of Unlawful Possession of a Firearm. It may be a defense that the firearms were locked in a safe that the Felon does not have access to. But even that may be risky. *Please note that this is not legal advice and does not create an attorney-client relationship. This post represents only the posters opinion. You should speak to an attorney for further information. The poster is licensed only in the State of Washington. For more information about our law firm and services, please visit our website.
Answer Applies to: Washington
Replied: 5/16/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
A felon cannot own or possess a firearm so your firearm would have to be secured in such a fashion so that there would be no question that the felon is not having access to it. Visit my website for more information.
Answer Applies to: Michigan
Replied: 5/13/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Yes you can. A felon cannot posses a firearm. You can take actions to prevent any confusion regarding possession. For instance, if the gun is held in a gun safe and the felon does not have access to the safe by either key or combination, then he should not be charged with possession. You could even make the argument that if you keep the gun in your bedroom, and the felon does not have permission to access the bedroom, he could no more possess that weapon than he could the neighbors gun held in his bedroom.
    Answer Applies to: California
    Replied: 5/13/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Yes, but it is very bad idea. The felon is clearly putting him or herself in a position to get accused of possessing the gun.
    Answer Applies to: California
    Replied: 5/13/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The short answer is No. A felon cannot own, possess, or be in control of a firearm. Being in control is a very fluid concept as one can be in physical control or constructive control. Living or being in close proximity to a firearm can be deemed to be constructive possession.
    Answer Applies to: Kansas
    Replied: 5/13/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Absolutely not. If you reside in a place where there is a gun or other firearm, even ammo, you could be charged with a felony, firearm possession by a felon. Do not take a chance on it!
    Answer Applies to: Illinois
    Replied: 5/13/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    I have to admit I'm not an expert in federal gun law, but it is my understanding that a convicted felon cannot be in possession of a gun or ammunition. This means that the felon can not have access to the gun or the firearms. If it's kept in a common area or is easily accessible, I imagine this can be considered "possession." I think it'd be ok to keep it locked away, with only you having access to it and the key to get to it.
    Answer Applies to: Florida
    Replied: 5/13/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    No, not if the felon is aware of the gun. He could be charged with constructive possession of a firearm by a convicted felon.
    Answer Applies to: Georgia
    Replied: 5/13/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Technically no. A convicted felon cannot possess firearms at all. Since possession can be actual or constructive, you could be charged with Unlawful possession of a firearm in the first degree, that is if you have a gun in your hand or the ability to exercise dominion and control over a gun. About the only way one could cut off dominion and control would be a gun safe where you do not know the combination. To be completely safe, there are biometric safes available that work on fingerprints. Unfortunately these safes tend to fail about the time one would need a firearm in an emergency. I suggest that your roommate do some research on line about safes. Also as long as the gun is on your roommate's person, i.e. in a holster, You could not be said to have dominion and control. Lastly, depending on the felony and misdemeanor history of the felon, it may be possible to vacate and dismiss the crimes and petition the court where he or she was convicted and to have his or her firearms rights restored. Please give me a call and I can give you more specific advice.
    Answer Applies to: Washington
    Replied: 5/13/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A convicted felon should never live in a home with a person who has possession of any firearm.
    Answer Applies to: Alabama
    Replied: 5/13/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You would risk being charged with constructive possession of the weapon on the theory that you had "dominion or control over the weapon." Anyone who is present in the house can be said to "possess" any contraband or weapons in that home.
    Answer Applies to: New York
    Replied: 5/13/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The felon risks being charged with a new felony for possession that carries mandatory prison time, unless all firearms and ammo are completely isolated from him, secured in a locked gun safe to which he has no access, and better yet would be that the safe is in a locked room to which he has no access. The gun becomes on no self defense you to anyone. His probation or parole officer may search his residence at any time without warrant or cause.
    Answer Applies to: California
    Replied: 5/13/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    In Oregon, the felon cannot have access or control over the firearm. It is best to keep the firearm out of the household to be safe.
    Answer Applies to: Oregon
    Replied: 5/13/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    No.
    Answer Applies to: California
    Replied: 6/10/2013
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    Generally as long as the felon is not the one that owns the gun he can live with someone that does. However to prevent any possible problems you should keep the weapon locked up and not allow the felon access to it.
    Answer Applies to: New York
    Replied: 5/13/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Felon cannot be in possession of a gun. If he does not have access to it and never handles it, it would be OK for you to have a gun in the house.
    Answer Applies to: Washington
    Replied: 5/13/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, that can be done, but the felon is in jeopardy by doing so because the police will not readily believe him/her that it's not theirs if anything should happen regarding it or if the felon's PO should do a search and find it. It would become a separate felony charge against him or her. Good luck.
    Answer Applies to: New York
    Replied: 5/13/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    I believe the statute would require 'possession" which would require the ability to exert control over the weapon, so perhaps you could have a set of facts (a safe with only you having the combination) that would satisfy the federal authorities, but it seems risky. I would think a written communication from his/her parole officer would help. Alternatively, the felon's gun rights can be restored through the board of pardons and paroles. The restriction is not on your right to possess a gun, but rather the felon's right to be present with the gun. Stay well.
    Answer Applies to: Alabama
    Replied: 5/13/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    It is always illegal for a felon to Possess a weapon. I would say yes, if under lock and you have the key or trigger lock with again you keeping the key. Bad idea to store it in the same room with the felony.
    Answer Applies to: Nebraska
    Replied: 5/13/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    A felon cannot be in possession of a firearm. Having said this, the question becomes, does the felon want to walk that fine line of who's gun it is and did he/she in fact possess it. I think possession could be interpreted differently than ownership. In other words, a person can possess someone else's gun. I would caution against having a gun in the house where a felon lives. For more information, contact us.
    Answer Applies to: Michigan
    Replied: 5/13/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    In my opinion, a felon does not need to be anywhere near a gun, particularly not in the house he lives in. You may want to consult with an attorney in your community, but I would advise my clients to stay away from any firearms. Good luck!
    Answer Applies to: Georgia
    Replied: 5/13/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    No.
    Answer Applies to: Georgia
    Replied: 6/10/2013
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Yes but it is risky as the felon must have no access to or control over the firearm. The felon may also be subject to being charged with being a felon in possession but would have a defense that they never had access or control over the weapon. May have a good defense but it would be risky and expensive to have a trial. The better course is to store the weapon in a family members house. Most felonies can be annulled after a period of time see RSA 651:5.
    Answer Applies to: New Hampshire
    Replied: 5/13/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    If they have access to it, they would be in violation of the law.
    Answer Applies to: California
    Replied: 5/12/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    It's risky for the felon. It's maybe even a little risky for you, because you could be convicted as an accomplice to the crime of felon in possession. I've never seen that happen, but I have seen felons convicted for living in a house where someone else owns a gun. I don't think that's consistent with what the statutes say, but the courts sometimes disagree. There are factors that would reduce the felon's risk (like if the gun is in a locked safe in your room), but there will always be risk.
    Answer Applies to: Oregon
    Replied: 5/12/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    The answer is yes if the weapon is in an area that is exclusively under your control. In other words, if you keep the gun in a place that you and only you have access to it (say locked in a safe in your room), then its probably okay. On the other hand, if you leave the gun on the coffee table in the living room, then you roommate could get in some trouble if the cops were to come around.
    Answer Applies to: Oregon
    Replied: 5/12/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    If I were the felon , I wouldn't. Depends on a lot of factors not revealed, like where is the gun kept.
    Answer Applies to: California
    Replied: 5/12/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    When you say felon do you mean someone on felony probation or felony parole? It depends. You would have to see what the conditions of his probation or parole are. Some only say that they cannot own or possess while others say they cannot be in the same home. If you are merely referring to someone who has served their time and are now an ex-felon, there is no prohibition of them being in a home with guns.
    Answer Applies to: Michigan
    Replied: 5/12/2011
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