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 2 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 2 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.