Legal Question in Criminal Law in Washington
In Washington State can a Felon from California live in the same house as firearms that are unlocked. If the police showed up would both the felon and gun owner be in trouble or just the felon?
1 Answer from Attorneys
Ultimately, the issue is one of possession - either actual or constructive. Simply being in the same room as firearm on the table does not mean the felon possessed the firearm. The inquiry would focus on may factors - presence of others, location, etc.
In a single instance, one might be able to defend against allegations of possession. However, when you are talking about residing in a house where firearms are present 24/7, it becomes much more difficult to support a defense that the felon "never" had actual or constructive possession. A resident may have constructive possession of firearms in a locked safe, particularly if the resident knows the lock combination or location of the key.
Consider removing the firearm disability under Washington state law, which may be possible if the felon has not been convicted of a crime in the past 5 years. Note that to be clear under federal law within Washington, the felon must be clear to possess firearms under California law.
Related Questions & Answers
-
How can I go about getting an old felong expunged from my record? This event... Asked 2/23/11, 7:17 pm in United States Washington Criminal Law
-
Can you get a felony conviction exponged from your record Asked 2/22/11, 8:14 pm in United States Washington Criminal Law
-
When a citizen doesn't allow the authority's to search their vehicle & a warrent... Asked 2/10/11, 12:54 pm in United States Washington Criminal Law