Legal Question in Criminal Law in Georgia

Felons and Gun Owners

If my spouse gets convicted of a felony will I have to get rid of my Firearms I keep in a safe in our home?


Asked on 8/01/07, 9:20 pm

1 Answer from Attorneys

Ann Fitz The Federal Law Group

Re: Felons and Gun Owners

A felony conviction makes it illegal for a person to possess any weapons, and this is one of those gray area scenarios. If the guns are kept in your house in a locked safe and you are the only person who knows how to open the safe, it could be argued that your spouse was not in possession of the guns just by virtue of living in the same house. On the flip side, it could be argued that your spouse constructively possessed the weapons because he/she still has access to firearms through you. The best way to protect your spouse is to be proactive and request special permission from the judge for you to keep the guns in your safe in the house, and to have the judge include specific language in your spouse's sentence to that effect.

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Answered on 8/04/07, 2:14 pm


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