Can a felon live in a house with a gun in it? 1 Answers as of April 11, 2011

I want to know if my father who is a convicted felon with gun charges in his history would get in trouble if I were to buy a shotgun and had it in the house?

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Goolsby Law Office
Goolsby Law Office | Richard Goolsby
I am a former state prosecutor and a federal prosecutor for over 20 years. Currently, I practice as a criminal defense attorney in Augusta with my son. To directly answer your question, YES, a convicted felon could get into trouble if he is around firearms, as you indicated. I know of one federal judge who has always pointed out that if you are a felon you had better not even get near a firearm. The law recognizes two types of possession: direct and constructive. Direct possession is where you actually have the guns in your hands or immediate possession. Constructive possession would include firearms that may not be in your immediate possession, but they are nearby, e.g. a gun in a trunk, or another part of your house. Simply put, I would never advise any felon to get in a position where either direct or constructive possession could be alleged. Of course, you should consult with your own criminal defense lawyer to discuss these any any other issues. Good luck!
Answer Applies to: Georgia
Replied: 4/11/2011
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