Legal Question in Criminal Law in Washington

If I legally own a handgun and my son, who has a felony conviction comes to live with me, is he criminally at risk under such circumstances, and if so, are there any means of redress other than relinquishing my firearm?


Asked on 8/07/09, 9:13 pm

2 Answers from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

He is criminal at risk. He cannot live in a house where there are firearms. He cannot be convicted if he has no knowledge of the firearms and no access to them. Keep them in a hidden lock box in your room. He still may be charged but at least he'll have a defense.

At your service,

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Answered on 8/14/09, 6:15 pm
Paul Ferris Law Office of Paul T. Ferris

If eligible, your son may regain the right to possess firearms. The applicable statute is RCW 9.41.040(4). You can find a summary of eligibility requirements at www.washrecord.com.

In the meantime, your son is not prohibited from living in a house where guns unless he is currently under DOC supervision (probation). If not under supervision, you must take precautions to totally bar his access to firearms. Be advised while locking them in a safe to which he neither knows the combination or the location of the key, you potentially face the task of proving as much.

For him, possession includes actual and constructive. For a simple example of such a situation, if a gun is accessible in a room your son does not occupy and he is the only one in the house, he has possession of the gun.

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Answered on 9/17/09, 6:04 pm


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