QUESTION

Can I own a long rifle if my brother living with me has a felony?

Asked on Dec 07th, 2013 on Litigation - Washington
More details to this question:
I'm about to turn 18 and I may get a long rifle. My brother was convicted of a felony and serviced his time in prison and I was wondering if I am still able to own long rifle living in the same household has him? I do not have anything against me.
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6 ANSWERS

Michael J. Breczinski
You are able to own a gun. He just can't live there then.
Answered on Dec 17th, 2013 at 1:29 PM

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Aric Cramer
You may legally own a rifle if you are of age and pass the standard background check. You brother however, is a convicted felon, and may not be in possession of a firearm OR ammunition. Possession is a very broad term. Actual possession means you have it in your hands or on your body. Constructive possession is having the firearm in an area where it is readily available for your brother to get at it. I have seen defendants convicted of felony firearms charges for being in the same house as a firearm. I would suggest that if your brother is going to live with you that you store the firearm at a different home and never have it anywhere around him for HIS protection. Or your brother can move out and you can store it at your house.
Answered on Dec 17th, 2013 at 1:29 PM

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John J. Carney
He cannot be in a house with a gun or he can be sent back to prison on a felony. I sometimes suggest that people keep the gun in their car trunk and make sure he is never in that car.
Answered on Dec 12th, 2013 at 8:55 PM

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Thomas Edward Gates
He cannot be around firearms. He can petition the court for his firearms right back.
Answered on Dec 12th, 2013 at 8:54 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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The question is not really whether you can on one, but rather or not he can reside in the same household with you if you have one. He could be charged as a felon being in possession of a firearm under the theory of constructive possession if they can prove he knew where the weapon was and if he had reasonable access to it. This could be negated if it was locked away in a storage cabinet that only you had the key to. The question really is whether or not he wants to risk being charged with a new felony someday by residing in the same house where there is a rifle.
Answered on Dec 12th, 2013 at 8:54 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Confer with an attorney with the details and for firm advise, it is possible but you brother cannot have any access to it. Do it correctly or he could get in a great deal of trouble.
Answered on Dec 12th, 2013 at 8:54 PM

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