Legal Question in Criminal Law in Idaho
Felons' spouses' right to bear arms
My wife is a felon, and I am not a felon. I want to keep my guns but she cant be around them. Is it still against the law for me to have them in my house. I cant see how this would take away my right. please e-mail me back as soon as possible.
2 Answers from Attorneys
Re: Felons' spouses' right to bear arms
This problem arises frequently. It always provides an area of danger for the convicted felon as all that is required under federal law is the exercise of control over the firearm.
That is a real problem if charges are filed.
There is no ideal answer. Some lock their firearms in a safe and don't provide means of access to the felon; many do away with firearms to avoid the potential conflict.
Re: Felons' spouses' right to bear arms
Your right to bear arms (hereinafter, to possess guns)
is not abridged. However, your spouse cannot be discovered
to possess guns. Therefore, you should lock the guns up
and make sure that your spouse does not have access of any
kind. However, the best idea is to keep your guns
in a place other than the residence where your spouse also
resides like a friend's house, in a locked area, your parent's
house, etc.
This protects your spouse and the federal government
cannot even argue that he/she has access.
Also, never have a gun in the car when your spouse is
with you because he/she can be arrested for possession
by just being there.
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