Can my boyfriend get charged with possession of a gun if it is registered to me? 7 Answers as of December 16, 2013

Can my boyfriend get charged with my gun if I had papers on my gun? They had a search warrant on my house and found his marijuana in one part of the house and my gun in my dresser. He did not know it was in my house.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
He can.
Answer Applies to: Georgia
Replied: 12/16/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
They have to show that he knew it was there. He should get a lawyer.
Answer Applies to: Michigan
Replied: 12/16/2013
Gates' Law, PLLC | Thomas E. Gates
He is not permitted to be near any firearms. He can be charged.
Answer Applies to: Washington
Replied: 12/16/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
He should engage an attorney, under the circumstances described it appears that he should not have been charged, but, as he has been, he will now have to defend himself.
Answer Applies to: Michigan
Replied: 12/16/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
Yes, he can be charged, but it sounds like he won't be convicted with your testimony. If he is a prior felony then he cannot possess.
Answer Applies to: Nebraska
Replied: 12/16/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    They can under the theory of constructive possession, meaning that he knew where the gun was and that he had reasonable access to it. It would not surprise me that an over zealous prosecutor would issue such a charge, especially if they believe they can tie it in to the marijuana charge. Not only does this give them extra leverage in please negotiations but it can scare defendants into pleading guilty to crimes they would not even otherwise be charged with for fear of being found guilty of a felony. If this occurs, make sure you are represented by an experienced an aggressive criminal defense attorney that handles drug cases, marijuana possession, and firearm charges to zealously fight this.
    Answer Applies to: Michigan
    Replied: 12/16/2013
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