Can a Non-Violent Felon move into my home if I own a firearm? 60 Answers as of August 15, 2011

My girlfriend served time for an embezzlement conviction. Released 8 years ago, long before we met. She paid her debt to society and probation is long over. She is now a productive member of society with no desire to commit any crimes. Can she move into my home if I own a firearm and a permit to carry? What do I need to do to make sure we do not get in trouble. I would hate to give up my gun. What about her being in my vehicle if I am carrying concealed?

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Law Office of Andrew Subin
Law Office of Andrew Subin | Andrew Subin
She is not allowed to possess a gun, but you are. Probably be Ok if the gun is in a locked gun locker and she does not have the key. A concealed weapon on your person would not be in her possession. She should not ride in a vehicle where a weapon is in a common area (like in between the seats or on the back seat).
Answer Applies to: Washington
Replied: 8/15/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
A conviction for any felony has the potential to carry a prohibition from carrying, possessing or having any sort of control over a firearm. Merely living in a home where a gun is kept is enough to charge the crime.
Answer Applies to: Kansas
Replied: 8/12/2011
Michael Maltby, Attorney at Law
Michael Maltby, Attorney at Law | Michael Maltby
She could be charged if she has access to a gun such that a jury could find that she is in possession. You should keep the gun locked up and inaccessible by your friend and also get a lawyer to get help getting her gun rights restored.
Answer Applies to: Washington
Replied: 8/9/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
As a convicted felon she can not be in a house, car or anywhere a gun is present or she could be charged criminally.
Answer Applies to: Alabama
Replied: 8/8/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
No, the non-violent felon cannot be in the same vehicle and cannot move into your home if you own a firearm.
Answer Applies to: Michigan
Replied: 8/7/2011
    Donahue, Sowa & Magana Attorneys at Law
    Donahue, Sowa & Magana Attorneys at Law | Glenn M. Sowa
    First of all, there is no concealed carry law in Illinois. You are in jeopardy if you carry your gun in a car in Illinois. You must have a Firearm Owners Identification Card issued by the Illinois State police to possess a weapon in Illinois. The only way to transport a weapon in a vehicle is to have it dismantled and inaccessible to the occupants. (Usually in the trunk, unloaded, and either the clip out or the ammunition stored separately). Your girlfriend may move in with you, but she runs the risk of being charged with Felon in Possession of a firearm which is both an Illinois and federal offense. (The law makes no distinction as to either violent or non-violent felony offense) She must have no access or control over the weapon if it is stored in your home. A gun safe wherein she does not know the combination may suffice. I would suggest storing the weapons off your property, however.
    Answer Applies to: Illinois
    Replied: 8/7/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Probably yes. If she is not in possession of the weapon then I don't see an issue.
    Answer Applies to: New York
    Replied: 8/7/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    First the issue would be if she was subject to the law about Felons in Possession of Firearms. It depends on the type of crime. Some of them the disability to be around firearms lapses after a period of time. In others she would have to get her rights restored by the County Gun Board. You should sit down with an attorney and discuss the matter.
    Answer Applies to: Michigan
    Replied: 8/7/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    A convicted felon cannot be in possession of a firearm. She would have to make sure that she was not in possession. If she was in your home and knew the gun was there, she may have a problem. Since the conviction is over 5 years old and if it is the only conviction, why not move for expungement?
    Answer Applies to: Michigan
    Replied: 8/7/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    A felon is not permitted to "be in possession" of a firearm. If the gun is registered to you and it is kept in a locked case and she does not go near it she has not violated the law. Being in a vehicle with a gun is a bit trickier unless again, the gun is secured in a locked compartment and it can be proven to a police officer that she is not in possession. If it has been five years or more since her conviction and the crime was not a federal offense, and she has had no further offenses, she should look into having her record expunged.
    Answer Applies to: Arkansas
    Replied: 8/6/2011
    Lewis & Dickstein, P.L.L.C.
    Lewis & Dickstein, P.L.L.C. | Loren Dickstein
    A felon cannot be in possession of a firearm. Although you may be able to lock the gun in a safe to keep your girlfriend from having access to it, the police may take a position that she does have possession. It is probably not worth it for her to take a chance. Keep the guns out of the home.
    Answer Applies to: Michigan
    Replied: 8/6/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    I think this is lawful but puts her in a potentially awkward position.
    Answer Applies to: Washington
    Replied: 8/6/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I suspect not - at least not until her right to possess a firearm has been restored by the court. The simple fact that she has served her debt to society and is done with probation is not enough. Getting the right to possess a firearm restored must be by motion to the court from which she was convicted. She needs to take care of this or run the risk of a future problem.
    Answer Applies to: Washington
    Replied: 8/6/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    The law is fuzzy on that point. A felon is at some risk of being charged with a crime, and, although I don't think that living in the same house as a firearm should qualify as possessing it, there is some risk of a conviction. Firearm rights have expanded, with the recent US Supreme Court case Heller v District of Columbia, which held that there is an individual right to bear arms, but it's not clear whether that would help in this situation. So, the answer is: I don't know, and anyone who says that they do know doesn't understand the question.
    Answer Applies to: Oregon
    Replied: 8/6/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Texas law lets a convicted felon possess a firearm on the premises where he lives once five years have elapsed from his release from prison or from parole, whichever is later. Texas Penal Code section 46.04 Federal lawgenerally prohibits a person convicted of a crime "punishable by imprisonment for a term exceeding one year" from possessing a firearm - ever. The test is the length of possible punishment, not whether the crime is called a misdemeanor or a felony. No exception is made for having a firearm at the home, no matter how long ago the conviction. 18 U.S.C. section 922(g) The question would become whether or not your girlfriend was possession the gun if the police somehow ended up in your home. If I were her, I would not want to take that chance. If she does, then at the very minimum, you should lock the gun in a safe to which she does not have a key or combination thus no access. As far as in a car - you have it on your person SHE is probably okay. If you put it anywhere else in the car it becomes a question, again, of whether she possesses it (care custody control). Given that she has a criminal history, police would most likely take her to jail.
    Answer Applies to: Texas
    Replied: 8/6/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Hello- Possession include constructive possession, so she cannot even have access to the weapon. After ten years, she may petition to have her gun rights restored. I have seen the terms constructive possession used by the government in expansive ways. Although it is no guarantee, I suggest having a gun safe with only you having access. Do not leave your gun in any open area in the car (i.e., glove compartment). Most law enforcement officers will say she cannot be in a home where a weapon is located; therefore, the safest thing to do is to keep your gun away from where she is.
    Answer Applies to: Colorado
    Replied: 8/6/2011
    Potter Law Offices
    Potter Law Offices | Cal J. Potter, III, Esq.
    Generally, no. Especially if they are still on probation or parole.
    Answer Applies to: Nevada
    Replied: 8/5/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Because she is a felon she can not possess a firearm or ammo. The safest course of action is to get the gun out of the house.
    Answer Applies to: California
    Replied: 8/5/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    A convicted felon cannot posses a firearm unless her right to do so has been restored by a court. If your girlfriend moves into your house and exercises what is called dominion and control over the premises, she could be found to be in constructive possession of the firearm. Better to avoid the issue and remove the gun from the home.
    Answer Applies to: Washington
    Replied: 8/5/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You would need to keep all weapons locked in a safe to which she does not have the combination. Better yet, she could have her firearm rights restored and then there would not be a problem.
    Answer Applies to: Washington
    Replied: 8/5/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Only under very limited circumstances. The best approach is for the felon to get his or her felony vacated and dismissed and his or her firearms rights restored. That takes a couple of court hearings but it can be done if the person qualifies. As an added bonus, the person's voting rights and right to hold public office would be restored as would the ability to say "I have never been convicted of a felony." In response to a job application or interview question. Only certain felonies can be vacated and dismissed. Any sex offense, kidnapping offense or Serious Violent Felony such as Robbery or Murder or Kidnapping can never be expunged, dismissed or vacated. If fact, any misdemeanor DUI or felony DUI is forever. Anyway, vacation and dismissal and rights restoration are the way to go because the former felon would be authorized by law to keep and bear arms. The other extremely and dangerous option is to deny the felon access to all firearms, However, that means is that he or she has no chance on earth of accessing them. It may also expose you to providing a firearm to a felon which is a felony itself and you could lose your own gun rights. So unless you can be confident that the felon can't find out about the guns and can't access them under any circumstances, you should either exclude the felon from your home or securely store your firearms somewhere else like a safe deposit box. However, if you keep a firearm for defense, You can't go to the bank and get you guns when someone kicks your door in a 3:00 a.m. to rob you. Therefore the safest and most prudent thing to do is for the felon to get his or record cleaned up and his or her firearms rights restored. That is an area of law that I practice regularly and I would be happy to speak with your room mate about the process of vacating and dismissing felony convictions and firearms rights restoration. The law recognizes that people make mistakes but that people can also change their life and make right choices. As long as your roomy has stayed out of criminal trouble long enough, paid his or her legal financial obligations (i.e. fees and fines), he or she may undo all he or she has done to make him or her a felon. The one warning I would add is if that person is on felony probation, the rules of the Department of Corrections prohibit the possession of guns and any weapons. As long as your room mate is on felony probation, he or she is subject to search by DOC officers and no weapons will be tolerated. Also, until a Superior Court signs the order restoring firearms rights, your friend should steer way clear of firearms. Even hunting with a hunting license can subject a convicted felon to additional felony charges and I guarantee that during hunting season, the woods are full of law enforcement officers. The main rule to live by until one's firearms rights are restored is NO GUNS. Protect him or her by making sure there no firearms within reach or access. That also goes for anyone convicted of misdemeanor Domestic Violence Assault, Stalking and Violation of a DV Protective Order. Under State and Federal Law, a person convicted of these DV crimes can't possess firearms period.
    Answer Applies to: Washington
    Replied: 8/5/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    It depends. The safest route is to get your friend's civil rights restored. If not then you will have to check with your county corrections office. Some counties allow a felon to live in a home where the guns of other housemates are locked in a safe to which the felon does not have the combination. The restriction is on the felon, not you.
    Answer Applies to: Oregon
    Replied: 8/5/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Non violent or violent, it does not matter. She cannot be around guns for the rest of her life. You have to keep the guns away from the house. If you have an office, keep it there.
    Answer Applies to: California
    Replied: 8/5/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    She can be absolutely nowhere where a gun is present if she knows about it. Otherwise she could be prosecuted federally with a 10 year minimum.
    Answer Applies to: Michigan
    Replied: 8/5/2011
    Law Offices of Steven R. Decker
    Law Offices of Steven R. Decker | Steven Decker
    It appears you would be better served by keeping the girlfriend and getting rid of the gun. She could be charged with constructive possession of the weapon if she was aware of its location and had access to the weapon. This could result in a class 2 felony charge.
    Answer Applies to: Illinois
    Replied: 8/5/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The issue is possession. Felon (of any kind) may not possess. Put it in a safe deposit box, hve a relative hold it. Might try a gun safe to which only you have the combination, not key.
    Answer Applies to: California
    Replied: 8/5/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    It does not matter whether it was a non-violent felony. Previously convicted felons cannot possess, use or carry a firearm. Possession means care, custody and control, not just physically holding. So, I believe it would be a violation of the law if she moved into your home, or be in your vehicle where you have a firearm.
    Answer Applies to: Colorado
    Replied: 8/5/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    She is not allowed to have possession, but you can and you are not restricted. Do not let her touch the gun, she should aways be 10+ feet away from it. Store it in a gun safe and in a place that is clearly your property, not shared property (your dresser where none of her stuff is stored). She cannot touch or carry or hold or clean or anything it.
    Answer Applies to: Colorado
    Replied: 8/5/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Keep the firearms in a locked container.
    Answer Applies to: Maine
    Replied: 8/5/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    Depends on the conviction. Felons convicted of crimes involving the "person or property of another" or a drug related offense (see NH RSA 159:2) may not possess or have access to firearms.
    Answer Applies to: New Hampshire
    Replied: 8/5/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    Since felons are prohibited from possessing firearms, she cannot live in a residence where there is a firearm. Sorry but either she lives at her place or you have to give up the gun. Same with the car.
    Answer Applies to: Pennsylvania
    Replied: 8/5/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    The answer is that it depends. A felon may not be in possession or control of a firearm. So if the firearms are locked in a safe and she has no access then she is fine in the home. In terms of the auto, again as long as she has no access or control, she is okay. If the felony was a class B she may qualify to have it annulled pursuant to RSA 651:5. She must have no convictions since and have all aspects of the charge be concluded for 5 years. There are filing fees and forms involved, but it is relatively simple.
    Answer Applies to: New Hampshire
    Replied: 8/5/2011
    Jackson White, PC
    Jackson White, PC | Jeremy Geigle
    Being a prohibited possessor, having your gun rights taken away, can be a frustrating, and if you're not careful, precarious place to be. If you are a prohibited possessor and you are found in possession of a gun, you could face a class 4 felony - misconduct involving weapons. And if you have lost your gun rights, you likely have a prior felony that could be used to enhance your sentence if you are found guilty at trial. If your gun rights have been taken away, you must not knowingly possess a firearm. And it is good advice to never be in a situation where you Unknowingly possess a gun. If you are living with a prohibited possessor, you may wish to obtain a gun safe and create protocol as to the weapons so that the prohibited possessor never knowing or unknowingly possesses a gun. Of course the safest advice is to not have any guns around and then you won't risk additional charges. If your gun rights have been removed in Arizona and you want those rights back, contact an experienced attorney who can motion the court to return your 2nd amendment rights to you.
    Answer Applies to: Arizona
    Replied: 1/5/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon, where I practice, there are two types of "possession" for purposes of criminal liability: actual and constructive. "Actual possession" is basically like it sounds, having an object in your hand or pocket or car, etc. "Constructive Possession" means having the right to control an object and two or more people can be said to be in constructive possession of an object if both have the right to exercise control over it. As long as your guns are under your exclusive control, for example, locked up in a cabinet that only you have the key to, your girlfriend can live in your residence. On the other hand, if you have got guns mounted on the walls in the living room, that may be a problem since she (or someone else) may be
    said to be able to exercise control over that weapon.
    Answer Applies to: Oregon
    Replied: 12/20/2010
    The Connelly Firm P.C.
    The Connelly Firm P.C. | Thomas Connelly
    That is a good question. I would lock the firearm at home and not give her the key/combination. If possible, I would put it in the car where she can't access it when you are traveling together (a portable biometric (fingerprint reader) safe may address both situations). That way, she is not constructively possessing a firearm anywhere, and you're not liable as an accessory or for negligent entrustment. Also, it would not hurt to have your girlfriend apply for her own carry permit with her local sheriff's office, noting her conviction upon the application. That will clarify her legal status as to her ability to possess firearms. If she has her own address
    (aside from yours) she should use that address to avoid your incurring any problems thereby. Good luck.
    Answer Applies to: Pennsylvania
    Replied: 12/18/2010
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    In answer to your query: A convicted felon cannot be in possession of a firearm in most jurisdictions. This means that there can be no firearm in their home or in the vehicle that they are driving.

    It is possible upon the restoration of civil rights, depending on the state where you were convicted and live, for a person's gun rights to be restored in limited circumstances.
    Answer Applies to: Alabama
    Replied: 12/17/2010
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    Yes; however it is risky. Your girlfriend may not possess a firearm at any time. So the real question in your situation is what does it mean to possess a firearm. It is obvious that if a person has the firearm on or about his/her person then that person possesses the firearm. However, there is also a doctrine called constructive possession. An easy example is if
    you keep a firearm in your glove box or your trunk. One could reasonably say that you, the driver, owner of the car is in constructive possession of the firearm. The same goes for those items that are in your home. Of course the problem arises in a situation when you and she live in the home together and the firearm is stored somewhere in the house. Who possesses the firearm in that instance? It would depend on the facts but a case could
    be make that your girl friend was in constructive possession, you could imagine similar situations involving a firearm that is left in your car. So while it is technically not a violation of the Brady Act for you to own and possess a firearm in this case, I would advise against it. A violation of the Brady Act is a very serious federal offense that results in several years of incarceration in prison with no right to parole.
    Answer Applies to: Montana
    Replied: 12/16/2010
    Law Office of Cotter C. Conway
    Law Office of Cotter C. Conway | Cotter C. Conway
    If she is no longer under the supervision of the Division of Parole and Probation (i.e. she has completed any term of probation or parole), then she can certainly move into your home even though you own a firearm and have a permit to carry concealed weapons. However, if authorities ever deem her to be in constructive possession (i.e. being in a position to control the firearm), then she could be charged with illegal possession of a firearm as though she actually possessed it. Therefore, it would be advisable to keep any firearm locked in a place that would be inaccessible to her at all times that it is not actually being carried on your person. Don't carry any firearm in a vehicle in which she is a passenger (unless it is actually on your person) or she will be held to constructively possess the firearm.
    Answer Applies to: Nevada
    Replied: 12/16/2010
    McWhirter Law Firm
    McWhirter Law Firm | Barry McWhirter
    No, the risk is to great that she would be charged with being a felon in possession of a firearm. She should not be anywhere near a firearm or ammunition. If she is going to live with you, you are going to have to give up the gun.
    Answer Applies to: Tennessee
    Replied: 12/16/2010
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Your girlfriend may not possess any kind of firearm or even ammunition. If you are in a vehicle and she is present, the same argument applies to her as when she is in the house. You are legal to possess firearms, provided you have a valid FOID card, but your girlfriend will never be able to obtain an FOID card. If she gets a pardon from the governor, she would be able to then get an FOID card legally.
    Answer Applies to: Illinois
    Replied: 12/16/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    She risks a 10 year mandatory federal prison sentence for being in possession or control of a firearm or ammunition, simply by being in its presence or having access to it, anywhere any time home, car, work, play, etc. You will have to keep all firearms and ammo locked in a real gun safe, in a locked room to which she has no access. If she is present in a car while you are CCW carry, she is at risk.
    Answer Applies to: California
    Replied: 12/16/2010
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    First by way of a disclaimer this reply does not establish a attorney client relationship, but if you contact me and retain me then I can represent you if you need representation. However, in general a non violent felon can move in with you if you own a weapon but the felon can not own a weapon. This is a general answer, a more specific answer could be given if you contact me and the answer may or may not be the same depending on the facts and circumstances. Looking forward to further contact.
    Answer Applies to: New York
    Replied: 12/16/2010
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    If she access to the gun she could be deemed in constructive possession of it if she knows where it is. It is probably best to keep it locked up at home where she cannot get to it. As far as your carrying it concealed in a car, unless you have a permit that is illegal and if the police find it you will be in trouble not her.
    Answer Applies to: California
    Replied: 12/16/2010
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    As a former prosecutor, and currently as a criminal defense attorney, I would encourage you to consult with an attorney about the law on actual and constructive possession. I would never advise any convicted felon to be anywhere near a firearm, because that person could be charged as a felon in possession, by either state or federal authorities. Good luck!
    Answer Applies to: Georgia
    Replied: 12/16/2010
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Keep the guns separate from her access by gun safe or locked door that you have only access too. Make sure she does not drive you car with a gun you left inside. Sure be ok otherwise as long as you are holding the gun. If they bust her for it you will need a lawyer to fight the matter.
    Answer Applies to: Nebraska
    Replied: 12/16/2010
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    You must chose between the girlfriend and the gun.

    You can not get into trouble but she will get 5 years in the Federal Prison if she is found to be in possession of the gun.

    I strongly advise that you a can of mace, etc.
    Answer Applies to: Tennessee
    Replied: 12/16/2010
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    She cannot be in the house with a gun if she is a convicted felon.
    Answer Applies to: Georgia
    Replied: 12/16/2010
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    The laws are harsh on this issue. In fact, there are both state and federal laws that preclude convicted felons from being in possession of firearms. I would say living in the home where a gun is kept and being in the car with the gun puts her at risk. If the gun is kept in a safe that she does not have the key to, and if the gun is on your person - not out on the seat - while in the car, she might be able to show that she was not in possession in that she did not have the opportunity to exercise dominion and control over the weapon. I think she needs to look into the possibility of going for a pardon or applying for the restoration of her civil rights. Until then she is at risk.
    Answer Applies to: Georgia
    Replied: 12/16/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    The test is whether she had access to the firearm. If you keep it at home in a lock box which only you have the combination or the key, she'll be ok. The car is another issue. I would suggest you keep it in the trunk and make sure she doesn't have a key to the trunk But the bigger question is why are you carrying a concealed weapon in the car in the first place?
    Answer Applies to: California
    Replied: 12/15/2010
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    It is against the law for a felon to possess a firearm. The gun can never be in her possession.
    Answer Applies to: Missouri
    Replied: 12/15/2010
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    Tough situation. In theory, if law enforcement had a reason to enter your home, and your girlfriend was found to be "in possession" of a firearm, that would be against the law. However, as a practical matter, as long as you keep your gun locked away properly and do not give law enforcement a reason to come to your house, you are likely okay.
    Answer Applies to: Nebraska
    Replied: 12/15/2010
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    She cannot possess a firearm as a felon. If you have the gun in a locked safe she does not have access to she MIGHT be ok. Best to get rid of gun if she moves in.
    Answer Applies to: Colorado
    Replied: 12/15/2010
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    That would depend on what the terms of her probation are. In some probation orders, there is standard language the the person on probation no only cannot possess firearms or other weapons, but they can not have them in their household. She would need to check her probation order or consult with her probation officer for more detail on whether it would be a violation or not. Best of everything to you both.
    Answer Applies to: Michigan
    Replied: 12/15/2010
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    As a convicted felon, she cannot possess a firearm. That means she cannot have access to it. If it's in a common area of your house, she technically has access. You could lock it away in a gun safe where you carry the only key, but she's rolling the dice if they want to try and argue she has access to your firearm.
    Answer Applies to: California
    Replied: 12/15/2010
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    The limitations are tied to your girlfriend not you. She cannot own or possess a gun but she should be fine to live with you.
    Answer Applies to: Pennsylvania
    Replied: 12/15/2010
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    A felon is not allowed to possess a firearm. However, there is the possibility to expunge a prior felony. Feel free to contact my office with any more specific questions.
    Answer Applies to: California
    Replied: 12/15/2010
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