Legal Question in Criminal Law in Washington
In Washington State my son has a felony conviction about 12 yrs ago and I was wondering is he allowed to live with me if I have guns in my house. I have a permit to carry a conceled weapon but I know felons are not suppose to have a gun. Can they live in the house where there is a gun?
1 Answer from Attorneys
Though not always wise, it is not unlawful for a felon who is not under Dept. of Corrections supervision to live in a household where guns are present; however, it is unlawful for a felon to have actual or constructive possession of a firearm unless the right to do so has been restored.
The issue is one of access. If the guns are not locked in a safe to which your son has no access, then arguably he has at least constructive possession of the guns. Even if the guns are locked in a safe, you only have an argument that he does not have access (e.g., he doesn't have the key or the combination).
If your son was not convicted of a class A felony or sex offense, he should be able to restore the right to possess firearms. You can find a summary of the eligibility requirements at www.washrecord.com. It would be far better to remove your son's firearm disability than to risk a new charge of unlawful possession or to remove your firearms from the house.
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