Gun ownership.

UPDATED: Sep 30, 2022

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Gun ownership.

I was convicted of a felony in Florida 14 years ago. Grand Theft

Can my wife buy a gun in her name, and can we legally store it at our home ?


Asked on July 5, 2017 under Criminal Law, California


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

Answered 5 years ago | Contributor

Under federal and most state laws, a convicted felon cannot be in possession of a firearm. And this does not mean that the felon literally has to have a gun on them. To be guilty, they must merely have “constructive possession”. This means that they have control over the place where a firearm is located, whether or not they ever plan on using it. Accordingly, if a felon is in the same residence where there is a gun and they have access to it, then they can deemed to be in possession and consequently arrested. Therefore, the gun should be locked up and the felon should not access to it in any way. For example, it is put in a gin box th which the felon does not have a key to the lock or know the combination to. You should also be aware that in some places there is a procedure whereby a person convicted of certain felonies can petition the court to have a gun in their home. At this point, you should consult directly with a criminal law attorney in your area to discuss the details of your 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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