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  1. #1
    heyjude1927 is offline Junior Member
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    Can I carry a gun if spouse has a felony?

    Hello everyone,
    I'm trying to find information on whether or not I'm permitted to own a handgun if my husband has a felony conviction. Been searching the internet looking for this answer but I'm not really certain what the actual answer is!
    Any help in getting me in the right direction would be appreciated.
    thanks!

  2. #2
    Jimmy19 is offline Junior Member
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    You are fine! but you can not have it accessible to any felon (husband) So a locked gun and only you have the key SHOULD be fine. 3rd year Crim Just Major At the University of Minnesota. If this helps

  3. #3
    denner's Avatar
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    Quote Originally Posted by Jimmy19 View Post
    You are fine! but you can not have it accessible to any felon (husband) So a locked gun and only you have the key SHOULD be fine. 3rd year Crim Just Major At the University of Minnesota. If this helps
    You need to speak w/ an attorney, the FBI, ATF or your local Sheriff's office would be my suggestion. I'm not too sure about the advice above, I believe you're permitted to own a firearm, but your husband cannot be around it including your residence, locked box, vehicle etc... he would definately take the fall for that one and it's severe. Up to 10 years/250,000 fine on the federal level.
    Last edited by denner; 01-08-2013 at 08:58 PM.

  4. #4
    Newbie62's Avatar
    Newbie62 is offline Junior Member
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    Different locales have different "rules" check with your local issuing authority.

  5. #5
    denner's Avatar
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    Quote Originally Posted by Newbie62 View Post
    Different locales have different "rules" check with your local issuing authority.
    While states may have differing penalties or rules as you call them, federal law does not. Anyone who has been convicted of a felony is banned by federal law from ever possessing “any firearm or ammunition." Specifically a person "convicted in any court of a crime punishable by imprisonment for a term exceeding one year" cannot possess any firearm in any location. 18 U.S.C. 922(g). If the Feds are not happy with a states court ruling, rest assured they will be there to impose their jurisdiction. No state has the authority to make any law with less severe punishment, or circumvent Federal Law, any state's law must either mirror 18 U.S.C. 922(g), or be more severe.
    Last edited by denner; 01-08-2013 at 08:38 PM.

  6. #6
    denner's Avatar
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    Possession of a firearm may be either actual or constructive. The latter has been defined as
    follows: “Constructive possession exists when a person knowingly has the power and intention at
    a given time of exercising dominion and control over the object or over the area in which the object
    is locate....” (See U.S. v Booth, et.al. 111 F.3d 2 [1st Cir. September 1997]). If you know the
    firearm is present in your residence, vehicle, etc., and if it can be shown that you have the ability to
    access and exercise control over that firearm personally or through another individual, then you
    could be considered to have constructive possession of the firearm. You would then be subject to
    new criminal charges and/or revocation of supervision. For these reasons, all firearms are to be
    removed from your residence during the term of supervision.

  7. #7
    Scott9mm is offline Member
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    Isn't it interesting that locals can have more restrictive laws about things like guns but not about other things, like voting age, for example.

  8. #8
    denner's Avatar
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    Quite interesting, when Reagan signed into federal law the legal drinking age from 18 to 21 the state of Florida resisted, but gave in as soon as the state was informed that the federal gov would cut all funds for Florida's highways. Furthermore, just because a law, federal or state is enacted doesn't mean that it gets enforced.

  9. #9
    heyjude1927 is offline Junior Member
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    Thank you all for helping me try and answer this one. Sounds like the technical answer is - no I can't own one. But I see where there's a small possible grey area to keep researching. I can certainly see the reasoning behind it - but can't quite 100% agree on it. He's not a violent criminal - stupid drug charge from YEARS ago. So I feel like I'm being punished for this as well. Hell, I didn't even know him then! I'll keep digging.

  10. #10
    denner's Avatar
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    Quote Originally Posted by heyjude1927 View Post
    Thank you all for helping me try and answer this one. Sounds like the technical answer is - no I can't own one. But I see where there's a small possible grey area to keep researching. I can certainly see the reasoning behind it - but can't quite 100% agree on it. He's not a violent criminal - stupid drug charge from YEARS ago. So I feel like I'm being punished for this as well. Hell, I didn't even know him then! I'll keep digging.
    The best way to overcome the problem is to have his record/felony expunged by an attorney. As you state his crime was not violent so he should qualify, generally 10 years must pass, have not commited any other crime and have paid all fines and met all conditions regarding his felony conviction.
    Last edited by denner; 01-08-2013 at 09:48 PM.

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