Legal Question in Criminal Law in California
i live with felons and was wondering if i can legally own and keep firearms in MY home. they [the guns] will be in a safe that only i have the combo to.
3 Answers from Attorneys
The restrictions against owning guns applies to them and not you. But find out what the exact restrictions are [speak to their parol agent] as it is possible that your owing the guns will get them into trouble.
You can, but they might be charged with the felony of 'being in possession' of firearms. It is their risk, not yours. A proper gun safe, locked and secured in a room where they have no access, might be enough to avoid them being charged.
This is a grey area, and could cause them some problems as the two previous attorneys stated. What usually happens is they get charged for a felon being in possession of a firearm. Their defense is that the guns are yours. The test the courts apply is whether the firearms are in their custody or control.
The specific jury instruction, CalCrim 2510 gives some guidance. [Two or more people may possess something at the same time.] [A person does not have to actually hold or touch something to possess it. It is enough if the person has (control over it/ [or] the
right to control it), either personally or through another person.]
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