Can I own a registered gun although my husband is a convicted felon of drug possession? 45 Answers as of February 13, 2012

He is no longer on probation and all fees are paid as of 5 years ago.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
He should get his gun rights restored. You would not get in trouble but he might. For certain felonies he is no longer in trouble after a number of years but for other felonies he needs to go before the gun board to get his rights restored. You would have to sit down with an attorney and a copy of his criminal record in order to accurately figure this out.
Answer Applies to: Michigan
Replied: 2/13/2012
Jacob P. Sartz IV., Attorney at Law
Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
It may be an issue if you two are living together or if your husband has access to the general area that you would hypothetically store it. Legally, that's a potentially challenging situation that could result in some severe, unanticipated consequences. I'd recommend you obtain a private consultation from a defense attorney and understand the full risks prior to going that route.
Answer Applies to: Michigan
Replied: 2/6/2012
Burdon and Merlitti
Burdon and Merlitti | Adam Van Ho
Yes and no you can own a gun, but if you husband has access or the ability to obtain the gun, then he risks being charged with having a weapon while under disability. If it has been a while since his conviction, he may want to file a motion for relief from disability, which would make it possible for him to have a firearm. He should consult an attorney to determine if he is eligible and walk him through the steps to apply for relief from his disability.
Answer Applies to: Ohio
Replied: 2/6/2012
Russman Law
Russman Law | Ryan Russman
Unfortunately you cannot possess a firearm at home if a convicted felon lives there.
Answer Applies to: New Hampshire
Replied: 1/30/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You can own a gun, but if he lives with you or has access to the gun in any way, he could be in violation of his felony prohibition and could face charges if the gun was discovered.
Answer Applies to: Kansas
Replied: 1/30/2012
Harrison & Harrison
Harrison & Harrison | Samuel Harrison
You can own a gun, but he can't have one. Police tend to lock people up and ask questions later, so you may want to think twice about having a gun in the house where your husband lives.
Answer Applies to: Georgia
Replied: 1/30/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
You should not own a gun. Your husband can not be in a residence or a car where a gun is kept or stored. If his civil rights are reinstated and he is given his gun rights back then it would be alright.
Answer Applies to: Alabama
Replied: 1/30/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If it can be proven that he was in constructive possession of the weapon by knowing of its presence and having some ability to exercise control of it, (like it was actually his or that he had had possession of it earlier among other possibilities) he could be prosecuted. It is a matter of proof for the prosecutor. It is a risky matter. At the very least you should have the weapon locked up in a secure cabinet or closet and be able to prove that he had no access to the key.
Answer Applies to: California
Replied: 1/30/2012
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Generally you can own a firearm, but if there is a court order that says he cannot reside in a house where firearms are then you should not have one on the premises.
Answer Applies to: New York
Replied: 1/27/2012
Wiegandt& Doubles
Wiegandt& Doubles | Malcolm Doubles
You can but having the gun in your house may expose him to criminal liability.
Answer Applies to: Virginia
Replied: 1/27/2012
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes you can own it but you can not have it in the house.
    Answer Applies to: Michigan
    Replied: 1/27/2012
    John V Commons, Attorney at Law
    John V Commons, Attorney at Law | John Commons
    Your husband's situation does not inhibit your rights. As long as he is not under any restrictions preventing him from living where a gun may be present, your ownership should not have an impact on him.
    Answer Applies to: Indiana
    Replied: 1/27/2012
    THE DOUGLAS LAW FIRM, LLC
    THE DOUGLAS LAW FIRM, LLC | HEATHER DOUGLAS
    You can own a registered hand gun regardless of your husband being a convicted felon. However, your husband cannot own or otherwise be in possession of a gun. If you live in the same house, this may pose problems for him, especially if he is able to access the gun. If he is on probation, it can also cause issues that may find him to have violated the terms of his probation.
    Answer Applies to: Alabama
    Replied: 1/27/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You have the right to own a weapon, I safety I would get a trigger lock and keep the key on your key chain and in your dresser drawer just in case the police come to call when you're not home.
    Answer Applies to: Nebraska
    Replied: 1/27/2012
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If the hand gun is found in the residence and/or vehicle in which your husband is present he could and would be charged with a crime.
    Answer Applies to: Alabama
    Replied: 1/27/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    You can own a gun even if your husband is a felon. You need to be very careful, though and make sure it is kept far away from your husband. Even though it is your gun, if he is in possession of it, he could be arrested.
    Answer Applies to: Georgia
    Replied: 1/27/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you own a gun and it is in your home your husband would be in constructive possession and that is a felony. Unless you live in another house you are risking having him charged with a felony that could result in a long prison term. You do not need a gun, try fishing instead.
    Answer Applies to: New York
    Replied: 1/27/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Your husband's record has nothing to do with what you can/cannot do. It's irrelevant.
    Answer Applies to: California
    Replied: 1/27/2012
    Law Offices of Steven R. Hunter | Steven Hunter
    Your husband runs the risk of being considered in constructive possession of the gun if you keep it in your home.
    Answer Applies to: Illinois
    Replied: 1/27/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You should be able to obtain a valid FOID card, however, if you are living with this convicted felon, you cannot possess a weapon in the same household he resides. This is nothing against you personally, but if the police should ever go to your residence and discover that your husband lives there and a weapon is present, they can charge with with unlawful use of a weapon by a felon, and he probably will end up going to priosn.
    Answer Applies to: Illinois
    Replied: 1/27/2012
    Law office of Robert D. Scott | Robert Scott
    Your husband's convictions has no bearing on your right to purchase a gun.
    Answer Applies to: Maryland
    Replied: 1/27/2012
    The Law Offices of Stephen L. Richards | Stephen L. Richards
    It is an individual matter. You are entitled to own a gun.
    Answer Applies to: Illinois
    Replied: 1/27/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Only if your husband cannot access the gun. The cleaner way to go about this would be for him to get the conviction vacated and dismissed if he is eligible. Guns are not registered in Washington State but as I have indicated, if you and your husband both have access to the gun, he can be charged with felon in possession of a firearm so make darned sure he can't get the gun under any circumstances until he gets his felony vacated.
    Answer Applies to: Washington
    Replied: 1/27/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If YOU are not a convicted felon yes you can own a gun. BUT you'd better keep it in a lock box where the only key is outside of the house like with your parents or a sibling. Make damn sure his prints are NOT on the gun.
    Answer Applies to: California
    Replied: 1/27/2012
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    You can own a gun but your husband can't be in possession until his gun rights are restored. In other words, precautions have to be taken such that your husband does not have access to a gun. An attorney can help your husband get his gun rights restored assuming certain requirements have been met.
    Answer Applies to: Washington
    Replied: 1/26/2012
    Law office of Michael Morgan, l.L.C.
    Law office of Michael Morgan, l.L.C. | Michael Morgan
    The gun prohibition only applied to your husbandbut if he is near guns it could result in an unfavorable inference and he is certainly eligible to ask to have his right to possess a firearm restored.
    Answer Applies to: Washington
    Replied: 1/26/2012
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    You can own a registered handgun, but he cannot use, own or possess one, and, frankly, should not even have access to one. This creates a dangerous situation for him if the gun is found in a way that law enforcement can insinuate that he possessed it in some way.
    Answer Applies to: California
    Replied: 1/26/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    As long as you have a valid permit to possess a firearm I don't see any violation of law. But if you leave your weapon in a place where he may be legally, presumptively, or factually in possession of it, he may very well be charged with Illegal Possession of a Weapon if he does not have a legal right to possess it.
    Answer Applies to: New York
    Replied: 1/26/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    You can't have a gun in the house where you live with your husband. He will be deemed to be in constructive possession and charged.
    Answer Applies to: Nevada
    Replied: 1/26/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You can own a gun, but until your husband has his right to possess a firearm restored by the court, then he cannot. If you are living in the same home and there is a gun in that home, there could be problems for your husband. Your husband may be eligible to have his right restored. He should consult with an attorney.
    Answer Applies to: Washington
    Replied: 1/26/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    You can own a gun. But beware of The law of joint per constructive possession which may attribute the gun to your husband. A good case on this issue came down earlier this week.
    Answer Applies to: California
    Replied: 1/26/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    You can own a firearm but you will want to store somewhere that he will not be able to be in contact with it unless you are certain his rights have been restored.
    Answer Applies to: Minnesota
    Replied: 1/26/2012
    Raiser & Kenniff, PC
    Raiser & Kenniff, PC | Steve Raiser
    Nothing to stop you from owning a legal weapon. However you should check on whether your husband can live in a home where a gun is located.
    Answer Applies to: New York
    Replied: 1/26/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Not if he resides with you,and has access to the gun.
    Answer Applies to: Georgia
    Replied: 1/26/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Yes, you can own the gun as an unconvicted spouse.
    Answer Applies to: Georgia
    Replied: 1/26/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may own any weapon you like, your husband, however, cannot have them in his possession or in the home where he resides.
    Answer Applies to: Minnesota
    Replied: 1/26/2012
    The Office of Benjamin Daniel
    The Office of Benjamin Daniel | Benjamin Daniel
    A gun in your household is looking for trouble. Your husband's probation is irrelevant. He is a convicted felon for both Federal and State offenses that make it criminal for a convicted felon to possess any firearm. The presence in your home has the potential for problems. See a lawyer as to how you might want to proceed.
    Answer Applies to: Florida
    Replied: 1/26/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    The status of your husband should not effect your ability to own a firearm. However, you husband cannot own or possess a firearm. If the storage of your firearm allows access by your husband he can be seen as in violation. If you owned the firearm, but it was kept at the residence of another, assuming your husband did not have access to that residence, it should be fine. Additionally, if the firearm is kept lock in a safe in which your husband does not have the combination, it should be sufficient. The key is access, not your ownership.
    Answer Applies to: California
    Replied: 1/26/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You can own the gun. You may possess the gun. But consider that he cannot possess. Unless the gun is in someway made your separate property he automatically possesses it [community property]. Even if you solve that problem, its presence any place he is entitled to be would be treated as his possession by authorities.
    Answer Applies to: California
    Replied: 1/26/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    You can own a gun and possess it. Your Husband cannot have access to it. It must be under lock and key or a combination that he does not know or have access to. Having said that they can still arrest him if the authorities find out a convicted felon is in the house where there is a gun. However, I think he would be found not guilty if the gun, was in a safe, in a room the Husband did not have access to.
    Answer Applies to: Florida
    Replied: 1/26/2012
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    Having the gun in the house is risky, although if the gun is under lock and key and clearly registered to you as long as he is not in possession such as being seen holding it or otherwise in control of the gun a case can be made he is not violation. I would recommend not having the gun in the house with your husband unless there is a professional reason you need to.
    Answer Applies to: Arkansas
    Replied: 1/26/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    you can own and possess the gun your husband is not allowed to touch or be in possession of the gun. keep it with your things, including all ammo etc. At no time should any part of it have his fingerprints on it because he has a felony conviction, he will never be allowed to possess or touch any gun.
    Answer Applies to: Colorado
    Replied: 1/26/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    Probably not. Unless he reinstated his gun rights he is probably still a prohibited possessor. I would not keep a gun in the house until he is sure he has his gun rights restored.
    Answer Applies to: Arizona
    Replied: 1/26/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You can own a gun, but he cannot. And it's a very fine line if a gun is in the house. Better to be safe than sorry because he could get in a lot of trouble as a felon in possession of a weapon. But ultimately your decision.
    Answer Applies to: Texas
    Replied: 1/26/2012
    Law Office of Howard A. Snader
    Law Office of Howard A. Snader | Howard Snader
    Unless a court has in anyway precluded you from owing a gun, you can own a gun. If you question is concerning your husband, he may or may not own, possess or control a gun. Keep any gun you own locked and not in his control.
    Answer Applies to: Arizona
    Replied: 1/26/2012
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