Legal Question in Criminal Law in California
Federal law says that a felon cannot possess a firearm inside or outside of the home.
I'm a felon, but my spouse is not.
She owns and keeps a gun in our home.
Can I get in trouble with this federal law since her firearm is kept in our home?
3 Answers from Attorneys
Yes. Get the firearms out of the house. It may be possible to keep them if they are kept in a locked container that you don't have access to. Do you even want to try explaining that to a judge or jury and risk another conviction?
Of course. You risk mandatory prison time for being ANYWHERE you have ACCESS to firearms or ammo. Learn the rules of suffer the dire consequences. It might be possible for you and she to comply with the law if she were to get a gun safe, kept locked and PROVABLY out of your control, but that is not a guarantee against prosecution.
The very simple answer to your question is yes. Not only can you get in trouble but your wife can get into trouble as well. First in regards to your situation; the law provides that a felon shall not have access to firearms (guns) or ammo. There are some very narrow exceptions to the rule, and generally they exist only in emergency situations where the felon was handed the firearm, while the emergency was occurring. Even then the exceptions are narrow. In fact, in some situations weapons other than firearms can be brought into question if they are considered dangerous and similar to firearms, such as blow-guns or blow dart devices. Now, in regards to your wife's situation. Law enforcement and the courts really come down hard in this area. I have seen law enforcement charge the spouse of the felon with either conspiracy or enabling a felon to have access or custody and control of a firearm or ammo. This is not a game and is not taken lightly under any circumstances. The problem is the access wording. If Law enforcement can show the felon has access to the weapons it is just as though the felon were holding the gun in his hand. The problem is very common and it happens all the time. Some courts will give a little bit, but they are few and far between. It is always difficult to predict what a court might do and this is no exception to that rule. However, the absolute safest thing to do is remove all firearms and ammo from anywhere that a felon has or could have access too. So to answer your question, you are both risking a great deal to have a firearm.
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