QUESTION
If my son has a felony DUI, can his wife possess firearms?
Asked on Sep 22nd, 2012 on Criminal Law - California
More details to this question:
My son was in a wreck in 2006 involving a passenger getting seriously hurt and there was alcohol involved. Since then he is married and his wife wishes to have a concealed firearms permit. Is this acceptable? Can he have a firearms in their home?
2 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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He is in danger of being charged with possession of a firearm. He could be convicted of a new felony. This is asking for him to be arrested and try to sort things out while he is in custody. If he is not successful, he goes to jail or prison.
Answered on Sep 26th, 2012 at 9:55 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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For a felon or anyone otherwise prohibited from possessing guns under federal or state law, it is a serious risk for him living in a house where there is a gun. He can not even be in the presence of firearms or ammunition without risk of being charged with a felony. I have for years been warning that to be as safe as possible from legal problems when a felon or other prohibited person is present in a house [resides or visits], a gun owner must secure all guns and ammo in a locked gun safe, preferably in a locked room to neither of which a prohibited person has access. Knowingly allowing the prohibited person access to firearms could result in the gun owner being charged with aiding and abetting.
Answered on Sep 26th, 2012 at 9:52 PM