Felon Married to Non Felon and Gun Possession.

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USAFNoDak

New member
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!
 
C

Catfish King

New member
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.
 
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mehavey

New member
"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.
 
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Tom Servo

Staff
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.
 
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