QUESTION

Can I defend my family with the gun my wife bought if I had a felony conviction?

Asked on Sep 20th, 2014 on Criminal Law - Oklahoma
More details to this question:
I had a felony conviction in 2006 and there has been 2 home invasions 1 block away each of them. I have not been in any real trouble also I did not deserve to go to prison in the first place. My daughter just got mad at me and said I spanked her to hard. So off to prison I went. I just feel like I cannot protect my family from a home invasion. I have 5 more years to go on my parole. If my wife bought a nice gun cabinet and I was locked out of it but if there was a home breaking and I had to defend my family with that gun would I be in trouble for doing it?
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1 ANSWER

Administrative Law Attorney serving Edmond, OK at Jencks Law Firm P.L.L.C.
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A convicted felon cannot have possession or even "constructive possession" of a firearm. Construction possession means within your possession/reach and/or control. A gun in your home that you have access to would be a violation of your parole as well as a separate crime.
Answered on Sep 22nd, 2014 at 4:05 PM

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