Can you own a gun if your spouse went to jail?

Discussion in 'General GWL Questions' started by 1924, Jun 25, 2016.

  1. 1924

    1924 New Member

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    was thinking of purchasing a gun, but my wife was convicted of a crime and sentenced to eight months in jail. Does this now mean a gun cannot even be int the house? I was going to ask for more information but since I was here I thought I would ask here as well
     
  2. Nemo

    Nemo Man of Myth and Legend

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    What charge was she convicted of. The jail time served does not really matter. If she was convicted of felony theft or any felony, she cannot. Assuming you have no disabling convictions you still can. But be careful on her being around it. Get more info.

    If she was convicted of misdemeanor theft or any misd that is not a problem for either of you. But get more specific in person consultation from her counsel on the case.

    Nemo
     

  3. CoffeeMate

    CoffeeMate Junior Butt Warmer

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  4. futureusr

    futureusr A Typical Cat

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    Mrs Liddy has a large collection.
     
  5. Archangel

    Archangel Moderator Staff Member

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    Laws may be different in Michigan...

    Just sayin...
     
  6. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    Constructive Possession

    If she's not a "convicted felon" there's no federal gun prohibition.
    If her sentence came about as a plea other than "guilty" (such as "nolo" or "first offender" or "deferred adjudication") then she might not be "convicted" today. See a lawyer to explore that possibility.

    Even if she is a convicted felon, there are ways a prohibited person can live in a home where his or her spouse has guns, so long as the felon is not in Constructive Possession of them, or any ammo.
     
  7. Craftsman

    Craftsman Well-Known Member

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    First, is she a "prohibited person" according to Federal law or your state law? Complex question that depends on her exact conviction. You can still purchase a firearm either way, but if she is a prohibited person then it gets more complex.

    Second, her prohibition does not preclude your right to own a firearm, but beware of the concept of "constructive possession". There must be real physical barriers preventing her from accessing your weapons at all times. That means all firearms must be either on your person or locked up in a way that she cannot access. No exceptions, this must be the case at all times.
     
  8. Phil1979

    Phil1979 Member Georgia Carry

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    Let's say four armed thugs are breaking in, and you toss a firearm to your spouse, who happens to be a prohibited person, to help you out in the gun fight of your life. Would the feds really prosecute you or your spouse for violation of federal law in this kind of possession?
     
  9. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    U.S. v. Huet

    Check out this 2010 federal criminal case involving a convicted felon husband whose wife "owned" the SKS that federal agents found in their bedroom. Wife said it was hers. Husband said it was hers, not his. Wife was not a prohibited person. Judge throws out the gun charges without even letting "constructive possession" go to a jury. Judge seems very pro-gun and well informed about current trends in firearms. Don't count on all judges being like this one U.S. District Court judge from PA.

    http://volokh.com/2010/11/24/second-amendment-protects-gun-possession-by-the-housemates-of-felons/
     
  10. CoffeeMate

    CoffeeMate Junior Butt Warmer

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    Soon it will be called the "Shared Domicile Loophole" and people will want to "close it" after a nutjob goes on a killing spree in Europe somewhere.