Legal Question in Criminal Law in California

Firearms In A felons home

If A felon owns a home and A roomate has possesion of legally registered firearms In the same residence , Is This allowable by law?


Asked on 6/25/01, 8:19 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Firearms In A felons home

I'm aware of a case in which the wife of a felon claimed to own one of the guns in the house. These are very difficult situations to sell to the D. A. and eventually a jury. If the felon is on parole then there is no jury and the burden of proof is so slight away goes the felon.

The problem is that the way the law proves that the felon doesn't own that gun is to charge and conduct a trial with the felon as the defendant.

Personally if I had that much at risk I'd not want any guns around. However, there are many felons who have never been to prison. And they can get their convictions down graded to a misdemeanor by going to court and filing the appropriate paper work.

I'd also comment that if the police ever enter the residence and find the guns they'll confiscate them, and you'll pay hell getting them back. So make sure you've got a bunch of junk guns that you don't mind losing.

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Answered on 7/03/01, 9:16 am


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