If one person in a marriage is a felon, can a gun be legally kept in the house if it is registered to the other person? 12 Answers as of January 21, 2013

I own a legally own a handgun and it is registered to me. I've had it for over 10 years now, the whole time my husband and I have been married. He was recently convicted of a felony. Is it ok for me to still have the gun in the house or is he now violating a law?

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Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
No it is not okay if you are residing together.
Answer Applies to: California
Replied: 1/21/2013
William L. Welch, III Attorney | William L. Welch, III
The risk would be that if for some reason law-enforcement agents were to come in the house and find the gun when your husband was the only one there, he might be charged.
Answer Applies to: Maryland
Replied: 1/18/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
You can possess the gun but then he can't live there.
Answer Applies to: Michigan
Replied: 1/16/2013
Universal Law Group, Inc. | Francis John Cowhig
NO. If he is a convicted felon, he cannot be anywhere near a gun. It does not matter who the gun is registered to. As long as he has access to it, either constructive (it's in the same house and it doesn't matter if the gun is locked up or not) or actual (he has it on him) he can be charged as a felon in possession of a firearm. You need to get rid of the gun.
Answer Applies to: California
Replied: 1/16/2013
Law Office of Michael E. Dailey
Law Office of Michael E. Dailey | Michael E. Dailey
It needs to be gone if he is going to be in the house. You may never have to justify the access question, but it will be a nightmare for him if he gets charged as felon in possession and risks any probation or parole on the current case. And he my well lose.
Answer Applies to: Missouri
Replied: 1/16/2013
    Connell-Savela | Jason Savela
    It is OK to have the gun in the house. But, your H must never touch it or the ammo. Keep the gun in a spot that is associated with your things - like your closet - rather than his things. Your H has 2nd amendment and constitutional right to use the gun for protection of the home. But, this should be used as a last resort, not a common occurrence.
    Answer Applies to: Colorado
    Replied: 1/16/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You cannot have gun IF you are living with a convicted felon.
    Answer Applies to: Georgia
    Replied: 1/16/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You are not violating a law, but your husband is, in most states. It is a felony for a convicted felon to be in possession of a gun, and merely having one in his residence is sufficient for him to be charged and possibly convicted of it. My advice would be to get rid of the gun.
    Answer Applies to: Illinois
    Replied: 1/16/2013
    Toivonen Law Office | John Toivonen
    If a person is not allowed to have a gun in his house, this means that no one can keep a gun in the house. If one of the conditions of his probation states that he must not be in a home where there are guns, then he could be in trouble even though he was not possessing the gun. Depending on the language of the order it might be possible to fight this. However, it would be better for your husband and less expensive to not keep the gun in the house.
    Answer Applies to: Michigan
    Replied: 1/16/2013
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    It is ok for you to have a gun, but why do you want to take the chance that your husband can be convicted of a second degree felony? He can get his gun rights restored after 8 years from the completion of his sentence, that includes the termination of probation. Consult with a local attorney and you will probably get the same answer. Second amendment rights are taken away from those who are convicted of a felony, along with a bunch of other rights. I just do not like making it possible for the state to get another felony conviction. I have a war story, not about guns, but about a box of shotgun shells which was in a desk which the front of was against the wall, and my client still got charged. I think we plead it down to a misdemeanor, but he knew nothing of it and was still charged.
    Answer Applies to: Florida
    Replied: 1/16/2013
    Edward D. Flint  PLLC
    Edward D. Flint PLLC | Edward D. Flint
    This question is hotly debated and answered by different lawyers in completely different ways. As it may apply to your personal situation, knowing what the local federal and state law enforcement and prosecutors are doing in these cases is helpful, since getting charged with a crime can ruin your life, even if the case is later dismissed.
    Answer Applies to: Utah
    Replied: 1/16/2013
    The Trabin Law Firm, P.L.
    The Trabin Law Firm, P.L. | Eric J. Trabin
    Technically yes, it is okay for you to have a gun. However, if your husband possesses it any shape or form then he is violating the law. Therefore, even if it is not in his actual possession, his constructive possession would still be a crime. If you keep the gun in a nightstand or under the bed, the police and the State will assume that he is constructively possessing it. The safest and smartest thing to do is to not have one at all to avoid the charges on him. However, if you absolutely want the gun then you should keep it locked at all times and ensure that only you have a key. Is that going to avoid him getting arrested if the police find out about it, maybe but not necessarily.
    Answer Applies to: Florida
    Replied: 1/16/2013
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