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.


Asked on 5/01/01, 7:07 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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.

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Answered on 6/19/01, 9:36 am
Gass Timothy Gass Law Office

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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Answered on 6/19/01, 3:36 pm


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