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Old February 3, 2012, 05:08 AM   #1
Gunn Smithy
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Location: CA's central valley
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Married to a Felon, Gun rights affected?

I'm getting on in years especially with 35+ years of diabetes and its complications. I've been fervently working on finishing up a few gun projects. No longer able to shoot in SASS I sold all my gear and used that to work on the gun projects I have at hand. I'm having my snub nose Alaskan engraved with my signature to leave my wife (she also has an engraved Lady Smith with her signature). I also am working on a couple of scoped Ruger handguns and a OM Vaquero for my three kids when I'm gone. My oldest daughter is now engaged with a Felon (one of those soldier/bar room fight kind of things) and was wondering what the legalities would be for me to bequeath one of these firearms to her? Can she even have it? Or, Could she have it if she could show that her fiance had no access to it? I just don't know and don't want to pass this world getting her into trouble. The guy is a real stand up fellow, but just has that baggage following him around. Any help would be appreciated. Smithy.
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Old February 3, 2012, 11:47 AM   #2
ChuckS
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Gunn, google constructive possession.

Here is some wisdom, from another discussion, on the subject:
Quote:
You can still keep whatever you want in your house, you lost no rights. But if you choose to allow a prohibited person to live there, then the house has to meet the law for prohibited persons.
Additionally, it may depend on the laws of your state, and even within different areas of your state:
Quote:
For example if your gun safe has a key and the prohibited person know where the key is or has access to the key, you are in the one in trouble and could then be the next prohibited person in the family, same would apply if the prohibited person would know the combination to your firearm safe.

Other courts in PA have interpreted that if your had tools “capable” of possibly breaking into the firearm safe at your home, example bolt cutters, acetylene torch, drills, sledge hammer or chisel etc that the prohibited person has access to. You could also be held liable for giving a prohibited person access to your firearms. I know its crazy, but who ever said that the courts have to always be fair.

Please what ever you do, don’t let the prohibited person even touch one of them or even have the opportunity to be near your firearms especially not even let them be in the house when the safe door is open.
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Old February 3, 2012, 11:55 AM   #3
Old Grump
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Ditto the above. Hers and your only out is if he can get his record expunged and become a regular citizen with his gun rights restored.
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Old February 3, 2012, 11:59 AM   #4
ChuckS
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I just noicticed your in California;

CA A. G.

See #11.


Further:
Quote:
Moreover, a defendant may be deemed to be in constructive possession of contraband where he owns or exercises dominion and control over the premises in which the contraband is concealed. United States v. Molina, 443 F.3d 824, 829 (11th Cir. 2006).
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Old February 6, 2012, 12:22 AM   #5
KyJim
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Let me add that if future son-in-law has had a clean record for a number of years and has been an otherwise good citizen, he might look into getting a pardon. That would resolve the issue.
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