QUESTION
Can my wife own a gun if I have a restriction for assault 242 misdemeanor?
Asked on May 30th, 2013 on Criminal Law - California
More details to this question:
I have a misdemeanor assault 242 on my record from 2004 that restricts me from buying a gun for 10 years. Does that restrict my wife from owning and possessing a gun in our home?
4 ANSWERS
Michael J. Breczinski
No but it restricts you from living there if she does get a gun.
Answered on Jun 03rd, 2013 at 12:30 PM
John J. Carney
If you cannot possess a gun than no one else in your house can either as it is "constructive possession 'to be in the same house. Theoretically, she could put it in the trunk of a car that only she drove.
Answered on Jun 03rd, 2013 at 12:30 PM
Bankruptcy Attorney serving Federal Way, WA
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It doesn't restrict your wife in any way, but if she brings a gun into your home and you have a restriction, you could be charged with possession because you are also in possession of the home. I guess your wife has to decide which she wants more, you in the house or a gun in the house.
Answered on May 31st, 2013 at 12:02 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Evan E. Zelig, P.C.
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You are the only one prohibited from owning or possessing firearms for a period of 10 years based on the PC 242 conviction. Your wife is permitted to own and possess firearms, however it is not recommended that they are in the same home where you live. If they are in the same home you risk law enforcement arresting you if you have access or the ability to access the weapons at home. If you do have them at your home you must have them in a location where you cannot access them and only your wife has access.
Answered on May 31st, 2013 at 2:24 AM