what can I do if I live in a house with a convicted felon but want to purchase a firearm?
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what can I do if I live in a house with a convicted felon but want to purchase a firearm?
How do I make sure they’re not found guilty of constructive possession? I would hate for that to happen but I want to exercise my 2nd amendment rights.
Asked on June 18, 2018 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Pursuant to federal law, a felon need not have the gun on them to be found guilty of possession of a firerm; simply having “constructive possession” of it can count. This happens if they have control over the place where a firearm is located, even if they do not plan on using it. Under most state law, if a felon is in the same residence where a gun is, they can found to be in "possession". That having been said, if the gun is locked up and they don't have a way to access it (i.e. they don't have a key or combination), then that should be acceptable under the law. However, depending on the jurisdiction, even that may not suffice. Therefore, in order to avoid such a problem, there is a procedure whereby a person convicted of certain felonies may petition in court to have a firearm in their home. At this point, your roommate should consult directly with a local attorney to discuss the details of their situation under specific state law.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Pursuant to federal law, a felon need not have the gun on them to be found guilty of possession of a firerm; simply having “constructive possession” of it can count. This happens if they have control over the place where a firearm is located, even if they do not plan on using it. Under most state law, if a felon is in the same residence where a gun is, they can found to be in "possession". That having been said, if the gun is locked up and they don't have a way to access it (i.e. they don't have a key or combination), then that should be acceptable under the law. However, depending on the jurisdiction, even that may not suffice. Therefore, in order to avoid such a problem, there is a procedure whereby a person convicted of certain felonies may petition in court to have a firearm in their home. At this point, your roommate should consult directly with a local attorney to discuss the details of their situation under specific state law.
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