April 7, 2018, 01:25 PM | #1 |
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So my good friend is a felon and his son wants to have some guns (son is 14 so can't legally own a gun). So the guns would go under his wife's name but he says since the house is under his name then everything under his roof is his possession. But I say since his wife would be the owner of the gun then it would be her possession. So who's right? And can he really get in trouble if they are in his possession because cops can't raid his house without a warrant so as long as he doesn't become suspicious he should be good?
Also he's in Missouri if that matters. |
April 7, 2018, 01:54 PM | #2 |
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No guns in the house that he could hava access to.
Access is the issue |
April 7, 2018, 02:21 PM | #3 |
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Alright so if they keep the guns locked away in the basement he's good?
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April 7, 2018, 02:23 PM | #4 |
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Thats a gray area i would not want to be in. Locked in a safe he does not have access to....MAYBE
IMHO, not worth the risk |
April 7, 2018, 02:32 PM | #5 |
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Alright, I'll let him know.
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April 7, 2018, 03:39 PM | #6 |
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He would be taking a big chance. Not worth it, in my opinion. His wife could also get into trouble for buying guns that really aren't for her.
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April 7, 2018, 04:12 PM | #7 |
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I've purchased more than a half a dozen firearms as gifts for each of my two sons through their years of growing up here in Missouri.
I know for certain that I won't be getting into any trouble for buying firearms that really aren't for me. Sharkbite is right, it's about access not possession. If the felon could reasonably take possession it is the same as if they had. It is a touchy area but not impossible to deal with, though what is needed is advice from a legal authority, not a firearms forum frequenter.
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April 8, 2018, 01:39 AM | #8 |
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Consult with a local attorney - internet speculation is worth what you pay for it, don't get involved with what could be a criminal act.
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April 8, 2018, 02:05 AM | #9 | |||||
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It's about access, not ownership.
Under federal law a person who was convicted of a felony is prohibited from possessing a gun or ammunition. "Possession" is a good, English word, and its normal meaning is: So possession is in a sense broader than ownership. One may have possession of something without being the owner. And one may own something without having [at the time] possession of it. Also, unless a word is specifically defined in a statute it will be read and applied by a court according to its ordinary meanings. See Perrin v. United States, 444 U.S. 37 (United States Supreme Court, 1979), at 42: So, for example, I have possession of the things here on my desk near me not because I own them (which in this case I do), but because they are under my control. I can pick up a pen here and use it. I can hand this stapler to my wife, who just entered my study so she can use it (or I can physically prevent the neighbor kid, who has no business being here anyway, from picking up my letter opener.) And if something on my desk has been loaned to me, so I don't own it, it's still here and I can handle and use it. The courts have applied the same reasoning to prohibited-persons-in-possession-of-a-gun cases:
Bottom line, guns need to be stored in a manner which reasonably assures that the felon can't get his hands on one -- e. g., in a locked safe to which he doesn't have the combination or can't get the key.
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April 8, 2018, 07:59 AM | #10 | |
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Quote:
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