QUESTION
Can I own a gun in the house if my husband has felonies?
Asked on Oct 06th, 2011 on Criminal Law - Michigan
More details to this question:
My husband was convicted of drug related felonies in 2007 and is no longer on probation. I want to purchase a gun and I know I am able to own one, but am I able to keep it in my home if it is locked in a gun safe and my husband doesn't have access to it? I am home alone for most of the day and with crime in my neighborhood on the rise, I'd feel more comfortable with the gun stored securely in my home. And if God forbid I ever have to use it to protect myself, will my husband be arrested for it being in my possession?
22 ANSWERS
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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No.
Answered on Jun 03rd, 2013 at 1:31 AM
Yes, if it is in a safe and he does not have the combination, you should be OK as he cannot have possession or control of the weapon.
Answered on Jan 16th, 2012 at 8:47 AM
Jacob P. Sartz
I wouldn't recommend it; it's a big risk for your husband. Proving possession may be difficult if anything happens.
Answered on Nov 02nd, 2011 at 12:50 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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So long as he has no access to the gun he is OK.
Answered on Oct 28th, 2011 at 1:21 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry I have represented persons who were alleged to have guns in the home, but it was shown that the person had no access, and the charges dismissed. This is not to say that some other judge would disagree.
Answered on Oct 28th, 2011 at 1:21 PM
2 Awards
You can. He can't. He can not be around firearms to the extent law enforcement claims he has possession of said firearms. So if you choose to keep a firearm keep it somewhere he can't get to like a locked room that is solely yours.
Answered on Oct 28th, 2011 at 1:21 PM
Criminal Defense Attorney serving New Orleans, LA
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Elizabeth B. Carpenter Law
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From my experience, police officers and courts would consider your husband in possession of a firearm if it is in the house that he occupies. Having the gun locked up with your husband not having access to it will not make a difference. I would not allow anyone to have a gun in your house as long as he is living there.
Answered on Oct 12th, 2011 at 12:52 PM
Juvenile Criminal Defense Attorney serving Englewood, CO
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Iyer Law Office, LLC
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Yes. But you must absolutely make sure that your husband, whose is prohibited from "possessing" a firearm because of his felon status, cannot ever come into possession of the gun. You must always have the key to the gun case in your physical possession at all times. Possession not only includes "actual physical possession" but also includes the lunge able or reachable distance. Just be careful as your husband could be charged with possession of aweapon by aprevious offender if he could access the guns but may not have actually accessed the guns. If you can have a gun case that is unbreakable it would be even better.
Answered on Oct 10th, 2011 at 9:37 AM
Technically you can own a gun if it is truly yours and your husband truly has absolutely no access to it. Possession means that a person has control over the item. That being said, it is still a risky proposition that could make things difficult for your husband if there was any law enforcement contact.
Answered on Oct 07th, 2011 at 5:18 PM
Theodore W. Robinson
It appears you've evaluated it correctly.but is always up to the police whether they charge someone with such a crime. But, the way you've analyzed it appears accurate. Good luck.
Answered on Oct 07th, 2011 at 5:17 PM
Your husband should consult with an attorney to determine how long he is prohibited from possessing a gun. Having a gun in the home if he cannot be in possession of a gun could be risky.
Answered on Oct 07th, 2011 at 3:35 PM
Samuel H. Harrison
IN THEORY you can have a firearm in the house so long as your husband doesn't have access to it. I have seentoo many caseswherethe policearrestedevery felon they found anywhere near a firearm on the assumption he had access to it. It can take anywhere from a few hours to many months to sort out that kind of mess, and your husband could be stuck in jail while youhis lawyer try to sort it out. So, unless you cankeepthe firearm onyour person and away from him, I suggest getting pepper spray, a big dog, or something else thatyour husbandis allowedto have.
Answered on Oct 07th, 2011 at 3:03 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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Your husband's felonies preclude him from owning or possessing a fire arm, and If he does not own nor possess one he cannot be charged with the offense. Be sure to keep records and have the guns permitted in your name with the keys to the gun cabinet in your possession.
Answered on Oct 07th, 2011 at 2:11 PM
Michael J. Breczinski
An attorney should be consulted. It depends on the nature of the felonies whether he can be around guns or not the attorney would have to have the exact convictions and then tell you what has to be done.
Answered on Oct 07th, 2011 at 1:01 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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The law on possession is pretty broad. It could be that he jointly possesses it as in community property. It could also be seen that he has constructive possession because he has access to it. If you want to keep your husband out of prison, you should not have a gun in the house.
Answered on Oct 07th, 2011 at 1:01 PM
It is unlawful for any person who is Convicted of Felonies to possess firearms or to possess ammunition. Any person who (a) has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or (b) is addicted to any narcotic drug may not own or have in his or her possession, custody, or control any firearm. A felony conviction refers to a conviction of an offense that can only result in felony punishment under California law or any sentence to a federal correctional facility for more than 30 days, or a fine of more than $1,000, or both. I have always advised my clients meeting the above criteria to keep all firearms and ammunition out of any home or vehicle that they own or live in or is own by any family member.
Answered on Oct 07th, 2011 at 12:49 PM
YOU can own a gun, but he could get arrested for it being in the house that he lives in. You can take steps, such as keeping it locked up and not giving him a key, but that wont ensure that hell stay out of trouble. It depends on the police. He cant get in trouble for you having it. Hed get in trouble if he has access to it or if its ever in his possession.
Answered on Oct 07th, 2011 at 12:43 PM
Criminal Law Attorney serving San Jose, CA
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Maureen Furlong Baldwin
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Thats a tough situation. Ultimately the police would have to believe you that your husband has no access to your gunwhich you would normally store in the master bedroom I expect! Or the alternative is you give up your constitutional right to bear arms. Legally, he is not allowed to be in possession of a gun. Possession means that he has the ability to "exercise dominion or control" over the firearm. that is quite subjective.
Answered on Oct 07th, 2011 at 11:39 AM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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The key is access. If you are legally able to own and possess a firearm, your living with a felon does not prevent such ownership. However, just as it would be illegal for a felon to posses a firearm, it is illegal to provide access of a firearm to a felon. So long as the firearm is kept locked and the felon does not have access to the weapon you should be within the law.
Answered on Oct 07th, 2011 at 11:29 AM
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Yes you can still own a gun in the house, however, if they search and find it, they may go after him that he had access or control over it. Seems like quite the trap to set for him. It's up to you.
Answered on Oct 07th, 2011 at 11:17 AM
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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He could be arrested for that.
Answered on Oct 07th, 2011 at 11:17 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You have a right to have a weapon, but you are putting your husband at risk. As a convicted felon, he has no right to possess a firearm or dangerous weapon until that right (if possible) is restored by the court. Your husband is living in the home with you and has access to the home, just as you do. This includes the contents of the home. The risk is great. You need to weigh the risks.
Answered on Oct 07th, 2011 at 11:17 AM