QUESTION

Can those who live with felons own guns?

Asked on Apr 14th, 2014 on Criminal Law - Colorado
More details to this question:
Okay so here’s the question, I'm a 20 year old guy with absolutely no criminal record of any kind. This June will make two years since I bought my first firearm. It’s a rifle, a M91/30 Myosin Nag ant built in 1937, it’s an old Russian rifle from WW2. At the present moment it is being stored by a long time close family friend. She is an older woman and wouldn't ever even care to use it, nor is she a felon or have any kind of criminal record of any kind. Hi, Okay so here’s the question, I'm a 20 year old guy with absolutely no criminal record of any kind. This June will make two years since I bought my first firearm. It’s a rifle, a M91/30 Myosin Nag ant built in 1937, it’s an old Russian rifle from WW2. At the present moment it is being stored by a long time close family friend. She is an older woman and wouldn't ever even care to use it, nor is she a felon or have any kind of criminal record of any kind. I gave her permission to store it for me. Now I was wondering, I live with two felons (my parents) and that’s why I don’t have it, cause they're felons and it’s a firearm. BUT I had recently thought that maybe I can still own it and posses it as long as they (my felon parents) don’t get a hold of it or anything. I appreciate my friend holding onto it for me, but it is my rifle, and would like to actually have it in my possession, you know? I have it locked up in a gun case. Only I have the key, there is only one key to the lock, and it is with me at ALL times! It’s on my key ring with the other keys and stuff on my lanyard. My parents are NOT gun people AT ALL, they would NOT touch a gun if you paid them! In fact the trial that sentenced them as a felon was completely corrupted, in my opinion. They are the most peaceful folks I know! They are NOT guilty, but that is besides the point, it was 9 years ago. If I can posses my rifle even though I live with my parents who are convicted, I can store my weapon outside in the shed, plus it being locked. I could even remove the firing pin to render it useless, I could also remove the trigger groupings out of the rifle. Rendering it useless and not being able to fire. Like I said, my parents would NEVER touch, look at, pick up or even think of trying to get a hold of my rifle! They just hate the things, it’s me who likes them. Also in a few months I'm joining the United States Marine Corps, and upon completing boot camp, will be picking up my rifle and gave her permission to store it for me. Now I was wondering, I live with two felons (my parents) and that’s why I don’t have it, because they're felons and it’s a firearm. BUT I had recently thought that maybe I can still own it and posses it as long as they (my felon parents) don’t get a hold of it or anything. I appreciate my friend holding onto it for me, but it is my rifle, and would like to actually have it in my possession, you know? I have it locked up in a gun case. Only I have the key, there is only one key to the lock, and it is with me at ALL times! It’s on my key ring with the other keys and stuff on my lanyard. My parents are NOT gun people AT ALL, they would NOT touch a gun if you paid them! In fact the trial that sentenced them as a felon was completely corrupted, in my opinion. They are the most peaceful folks I know! They are NOT guilty, but that is besides the point, it was 9 years ago. If I can posses my rifle even though I live with my parents who are convicted, I can store my weapon outside in the shed, plus it being locked. I could even remove the firing pin to render it useless, I could also remove the trigger groupings out of the rifle. Rendering it useless and not being able to fire. Like I said, my parents would NEVER touch, look at, pick up or even think of trying to get a hold of my rifle! They just hate the things, it’s me who likes them. Also in a few months, I'm joining the United States Marine Corps, and upon completing boot camp, will be picking up my rifle.
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3 ANSWERS

Michael J. Breczinski
You can possess the rifle but they can't live with you.? They need to get their gun rights restored in order to live in the same place with someone who has a firearm.
Answered on Apr 16th, 2014 at 10:27 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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There are number of possible options, one of which would be to attempt to have the felonies which her parents were convicted of expunged given the passage of time. They are not allowed to have either firearms or ammunition in their possession or available to them under federal law. Therefore, unless you really know exactly what you are doing and have received counsel, I would certainly not have a firearm where they reside, for their protection from further prosecution. If you, or they, would like to explore the concept of expungement or having their previous convictions set aside, or you would like to see counsel as to how you could have your weapon closer to you without putting them at risk, see an attorney.
Answered on Apr 15th, 2014 at 3:31 PM

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Criminal Law Attorney serving Boulder, CO
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You can own and possess a gun if you do not have a felony or DV conviction. Your friends or roommates are not allowed to possess or even touch the gun it is best if you keep it in your private area of the house, locked if possible.
Answered on Apr 15th, 2014 at 12:00 PM

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