QUESTION
Can a felon be charged with having a gun if a gun was found where they live but they were not present and the gun is not theirs?
Asked on Feb 22nd, 2013 on Criminal Law - Texas
More details to this question:
You are a felon and stay with a roommate or girlfriend and the person without the felon is arrested on a bench warrant. The felon was not there. Can the police charge the felon with having a gun or being around one? They took the gun but nobody was charged with the gun. It was not a search warrant, just a bench warrant. The gun was found in a drawer.
7 ANSWERS
John J. Carney
If you are a felon you cannot possess, own, or buy a gun. If you are in the same room or car with the gun you can be charged with constructive possession of the gun. Id parole finds the gun in your house or apartment you can be charged. You may win the trial or parole hearing, but you can be charged.
Answered on Feb 26th, 2013 at 7:46 PM
Criminal Defense Attorney serving Vancouver, WA
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Jeff Holmes, Attorney at Law
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This question is very fact specific, and it next to impossible to answer without more details about your case. The accused should speak with an attorney to discuss the facts in more detail to see what possible defenses are present. Unlawful Possession of a Firearm can be pled and proven under a theory of constructive possession, but there are inherent difficulties in doing so. It sounds as though there are a number of issues the State would face in pursuing such a charge, but it may not be impossible. An experienced criminal defense attorney should be able to help this individual navigate through the process.
Answered on Feb 26th, 2013 at 1:24 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It's possible, depending on where the gun was found.
Answered on Feb 25th, 2013 at 5:35 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Yes. Almost always, the restriction on having possession of a gun means under the probation or parole agreement, a gun is prohibited from being on the premises where they reside.
Answered on Feb 25th, 2013 at 5:35 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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A felon may not have access to any firearm, regardless of whether or not they actually "own" the gun. The judge doesn't care who bought and paid for the weapon, only whether or not the felon could have accessed it. If the gun was left unlocked in a home where a felon lived, the felon is going to be in some trouble.
Answered on Feb 25th, 2013 at 5:35 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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The felon can be "charged" if the felon had knowledge and access to the gun, or it was found in a common area. Whether or not the charges will be provable by the prosecution is another story. As an interesting side note, is the gun was legally possessed by the owners, can they get their gun returned? The government is seizing weapons at an alarming rate, even those that are possessed by law abiding citizens. Guns are a very politically charged issue right now, felon or not.
Answered on Feb 25th, 2013 at 4:45 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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One can always be arrested.? They would have to prove that the felon was at the premises when the gun was there.? He can be charged even if it is not his as he can have joint possession; ownership does not matter.
Answered on Feb 25th, 2013 at 4:45 PM