Can my girlfriend have a gun if I live with her and I have been convicted of crimes of violence?

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Can my girlfriend have a gun if I live with her and I have been convicted of crimes of violence?

I was convicted 3 years ago of misdemeanor domestic violence. Completed 1 year of counseling; 3 years probation (was on formal then put on informal after completion of counseling). Convicted this year of disturbing the peace by noise. Old probation was cleared and a new probation of 2 years was given (also informal). I understand that I may never be able to own a gun, but if I share a house with my girlfriend can she own a gun? What are the conditions if yes to keep us both free from prosecution?

Asked on June 29, 2011 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that you need to understand that your girlfriend is not the one that will be charged with anything here.  You are the one that will be hauled in should the issue become apparent to the authorities.  I would check with an attorney in the California are on this matter to be perfectly sure about it, but in New York you would be taking a great chance if you were living in a house that had a gun connected to it.  It would not matter that you did not own it or that it was licensed to another.  In New York you would be in trouble.  So take it all with a grain of salt, decide why she really needs to won a gun to begin with and then decide if it is worth your potentially getting in trouble. 


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