Legal Question in Criminal Law in Virginia

Re: criminal

The issue is not ownership but if you were in possession of the gun after having been convicted of a felony. If you were not in possession then you are not in violation of the firearm felon law.

Re: criminal

Well, there is a difference between SHOULD you receive jail time under the law and CAN you receive jail time?

If it is the felon's spouse's, then no he SHOULD not receive jail time. It is illegal for the felon to own a gun.

The spouse, having not been convicted, has a Constitutional right under the Second Amendment to own and have a gun.

However, the problem is that prosecutors and a judge may refuse to believe the distinction between whether it is the spouse's gun or "our" gun. They would argue that the felon has access to the gun and therefore it is really owned or held by BOTH of them.

So the problem is not the reality but the perception.

So the key would be whether the couple can prove that the spouse has the gun, not the felon (and not both equally).

Demonstrating that this is so might include having the gun in a locked container (specially made for guns, such as by the bedside table) with only the spouse knowing the code.

It might also include putting a note on the spouse's gun registration form so that there is a record, and if someone comes back later they can say: "LOOK! We told you way back when. We're not just making it up now."