QUESTION
Can a wife be charged for any crime after legally buying a gun and keeping it at home with a husband who has a felony and is under probation?
Asked on Sep 06th, 2012 on Criminal Law - Florida
13 ANSWERS
Child Custody Attorney serving Grand Rapids, MI
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Ryan Maesen PLC
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No.
Answered on May 28th, 2013 at 8:41 PM
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 3:57 AM
NOT UNLESS she committed a crime with her gun.
Answered on Sep 19th, 2012 at 8:54 PM
The wife cannot be charged but to protect the husband from being charged with unlawful possession of a firearm she should keep it in a gun safe to which the husband does not have a key or know the combination.
Answered on Sep 14th, 2012 at 10:24 AM
Michael J. Breczinski
If she lets him have the gun. The answer could be yes. Ading and abetting a felon to possess a firearm.
Answered on Sep 14th, 2012 at 10:23 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Quite possible. Conspiracy to provide a gun to a felon is a federal and state felony offense. 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 committing 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 could result in the gun owner being charged with aiding and abetting.
Answered on Sep 14th, 2012 at 10:23 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Possibly aiding and abetting your husband to possess a gun, but your husband is in more danger.
Answered on Sep 14th, 2012 at 10:21 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Not if she can legally purchase and possess a firearm. However, she is exposing the husband to a likely probation violation. In fact, a probation violation (and possibly a new charge for gun possession) is almost guaranteed under the facts you've stated. The cops are NOT going to care if the wife bought the gun or not. If the husband is on probation, they can probably search the house at any time, without a warrant, for any reason. If they find the gun in the home, the husband will be held responsible, not the wife. It almost sounds like she is trying to set her husband up.
Answered on Sep 14th, 2012 at 10:19 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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yes, depending on the circumstances.
Answered on Sep 14th, 2012 at 10:18 AM
Thomas Edward Gates
No, but your husband would be breaking his terms of probation and it could be revoked.
Answered on Sep 14th, 2012 at 10:13 AM
No. This is a problem. The husband will be charged with possession of a firearm if it is found in his home and he is an felon. The husband has a duty to know what is in his own home. If his probation or parole officer finds that a gun is in his home, he may violate his probation or parole. This is serious and he may be ordered to complete his sentence in jail.
Answered on Sep 14th, 2012 at 10:08 AM
Dennis P. Mikko
It is not illegal for the wife to own a gun. It is the husband who has the potential problem.
Answered on Sep 14th, 2012 at 10:04 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The wife cannot be charged with any crime but the husband could potentially be charged with possession of a firearm, or perhaps ammunition, a second degree felony. Do not take the chance.
Answered on Sep 13th, 2012 at 11:02 PM