can i buy a gun, he has felony

UPDATED: Oct 1, 2022

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can i buy a gun, he has felony

I am in California, and I live in a same house with my close relative who was convicted with felony eight years ago, I have my room and he has his room. I want to buy a firearm, and keep it in a locked firearm safe in my room.
I want to know, if he will be charged, or it is against the law, him to live in same house, when I have my firearm locked in the safe in my room.
Thank you

Asked on June 14, 2018 under Criminal Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Under the federal law, a felon need not literally have the gun on them to be found guilty of possession of a firerm. They must merely have “constructive possession” of it. This happens if they have control over the place where the firearm is located even if they do not plan on using it. Under state law, if a felon is in the same residence where there guns are, they can deemed to be in possession. That having been said, if the gun is locked up and they don't have any way to access it (i.e. they don't have a key or combination), then it should be acceptable. However, depending on the jurisdiction, even then the authorities could try to cause trouble. To avoid sny such problems, there is a procedure whereby a person convicted of certain felonies may petition in court to have a gun in their home. Your friend should consult directly with a local attorney to discuss the details of their situation.

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 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.

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