What to do if my husband bought me a handgun for Christmas but he is a convicted felon?

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What to do if my husband bought me a handgun for Christmas but he is a convicted felon?

He is trying to tell me that it is legal for him to do so from a private seller. The bill of sale has his name as the buyer but in the notes says it is for me, is this a legal gun purchase? After so many years do they automatically get gun rights back or do they have to request it? Is it legal for him to own shotguns but not handguns?

Asked on December 25, 2012 under Criminal Law, Florida

Answers:

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

Answered 8 years ago | Contributor

As a general rule, the law provides that felons are not allowed to own or possess a gun. Additionally, they typically cannot reside in a home that has a gun in it. Your husband therefore has most likley broken the law. Accordingly, he really needs to consult with a local attorney as to his situation. Since he bought the gun in the "secondary market" from a private seller no background check was required but that still doesn't mean that as a felon he should have done so. Again, he needs to speak with a criminal law attorney in your area.


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