Felon Married to Non Felon and Gun Possession.

USAFNoDak · July 28, 2015, 11:01 AM

Not that this affects me, but I have often wondered what the laws are regarding a felon married to a non felon and whether the non felon spouse can "legally" possess a firearm in their home, since the felon is not allowed to be "in possession" of a firearm. I'm assuming some states may have laws which address that situation. How about Federal law? Does anyone have any knowledge of the law which would cover such a scenario? Just curiosity on my part. Honest!

Catfish King · July 28, 2015, 12:16 PM

As I understand it, it would be wrong to have a gun in the same house, and this is regardless of the squeaky clean criminal record of the gun owner.

mehavey · July 28, 2015, 12:35 PM

"Constructive Possession" is the legal test.
If the felon can lay his/her hands on the gun => big trouble

There are a number of ways to work this problem, but I'd suggest a conversation w/ the Commonwealth (or whatever) attorney.

**Tom Servo** · July 28, 2015, 12:52 PM

The subject has come up here a few times. The upshot is that the guns have to be secured in a way the felon cannot easily access them. That would usually entail a safe to which only the non-felon has access.

The closest we have to a guiding decision is US v. Huet.

Our own Frank Ettin posted similar guidance regarding a housemate who uses marijuana.

July 28, 2015, 11:01 AM	#1
USAFNoDak Senior Member Join Date: August 21, 2000 Location: Minnesota, Twin Cities Posts: 1,076	Felon Married to Non Felon and Gun Possession. Not that this affects me, but I have often wondered what the laws are regarding a felon married to a non felon and whether the non felon spouse can "legally" possess a firearm in their home, since the felon is not allowed to be "in possession" of a firearm. I'm assuming some states may have laws which address that situation. How about Federal law? Does anyone have any knowledge of the law which would cover such a scenario? Just curiosity on my part. Honest! __________________ "If you love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you and may posterity forget that ye were our countrymen." Samuel Adams.

July 28, 2015, 12:52 PM	#4
Tom Servo Staff Join Date: September 27, 2008 Location: Foothills of the Appalachians Posts: 13,059	The subject has come up here a few times. The upshot is that the guns have to be secured in a way the felon cannot easily access them. That would usually entail a safe to which only the non-felon has access. The closest we have to a guiding decision is US v. Huet. Our own Frank Ettin posted similar guidance regarding a housemate who uses marijuana. __________________ Sometimes it’s nice not to destroy the world for a change. --Randall Munroe

July 28, 2015, 12:16 PM	#2
Catfish King Member Join Date: July 28, 2015 Posts: 29	As I understand it, it would be wrong to have a gun in the same house, and this is regardless of the squeaky clean criminal record of the gun owner.

July 28, 2015, 12:35 PM	#3
mehavey Senior Member Join Date: June 17, 2010 Location: Virginia Posts: 6,896	"Constructive Possession" is the legal test. If the felon can lay his/her hands on the gun => big trouble There are a number of ways to work this problem, but I'd suggest a conversation w/ the Commonwealth (or whatever) attorney.