Criminal

questions & answers

Question: I am wondering if I am allowed to keep a gun in my house, in a locked, coded, safe with backup keys while living with my husband who is a felon. I have my gun rights but he does not. What happens if he gets in trouble, can he get a prohibited possessor charge even though the gun isn't his and he technically doesn't have access to it?

Answer: A husband or wife is allowed to own and keep a firearm, even if their spouse has a felony record. However, if the firearm is maintained in a shared space such as a home or vehicle it is possible for the spouse with a felony record to be considered in possession. There are many factors to consider such as whether the spouse with a felony record had knowledge of a security or lock code, access to backup keys, and how it could be proven the spouse did or did not have knowledge or access.

QUESTIONS

  • I am wondering if I am allowed to keep a gun in my house, in a locked, coded, safe with backup keys while living with my husband who is a felon. I have my gun rights but he does not. What happens if he gets in trouble, can he get a prohibited possessor charge even though the gun isn't his and he technically doesn't have access to it?

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