spouse has felony
first, I want to say "thanks" to all who participate and give out the wealth of knowledge on this sight. Keep up the good work.
Now for my question, my wife's friend is married to a man that has a felony conviction (petty theft in the state of Kansas). She would like to buy a firearm, but has been told by other friends that she cannot have a firearm in the same house as her felon husband. Is seh intitled to buy a firearm and keep it in their house? thankyou
Now for my question, my wife's friend is married to a man that has a felony conviction (petty theft in the state of Kansas). She would like to buy a firearm, but has been told by other friends that she cannot have a firearm in the same house as her felon husband. Is seh intitled to buy a firearm and keep it in their house? thankyou
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I am not a lawyer nor am I positive of the answer to your question. I do know that I had an in-law that was convicted of a non-violent felony (he was innocent BTW, but that's another story) and he was not supposed to even associate with friends or realtives (me) that owned guns in their house. That may have been while he was on probation, I'm not sure as I believe it was a life-long restriction.
His wife "owned" a small .22 for protection when traveling and I don't know if that was legal or not.
Wish I knew more.
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i think he she can legally own a firearm, as the VA form doesn't ask for the spouse information. i don't recall seeing anything about the spouse on the federal form either. but, if he is caught in possession of it, i am sure jailtime would be involved. has he tried to get clemency or whatever from the governor? that would be the legal way to go about it. also would like to thank the state of virginia for narrowing the exact copy of the federal form to a 2 question version.
I'm not an expert, but i did stay in a Holiday Inn Express last night.0 -
What you are told by friends, police, or anyone on this forum doesn't really help your friend's wife. The only opinion that counts is that of the Chief, Firearms Programs Division, BATFE. Have her write a letter, giving all the details, & follow that opinion letter.
Neal0 -
"Petty Theft" is a felony? There is more to the story than we are hearing. That dog don't hunt.
2nd Amendment rights can be reinstated in most states. It will require an attorney.
Your mileage may vary.
"Every time a system is made foolproof - a new class of fool emerges."
Prod Harris
"If you ain't got pictures, I wasn't there."0 -
I would have to agree with nmyers. Get it in writing from someone who knows for sure in her juridstiction. It varies state to state and I must also caution you on seeking legal advice on this sight. In bperdue's entry he started out by saying "I think she legally own a firearm..." It's not a matter of leagality if she can BUY it's a question of possession. Whether the possession is actual, on his person, or constructive, in his house under his control, is the matter at hand. I would advise her to make sure before she buys so that she doesn't violate his probation/parole. Ignorance would not be an excuse for a judge especially when it comes to firearms. 0 -
I have discussed this situation with ATF before. Her rights are not infringed. She may purchase and hold the weapon with one crevat. The felon may never be allowed contact or the ability to contact the weapon.
She must store it in a secure container (safe, etc.) that the felon DOES NOT and WILL NOT have access to.
If in an automobile with the felon, it must not be accessible by him/her and must remain under positive control by the owner.
These are federal guidelines, but I fail to see how the state could require anything stricter without infringing on a citizens rights.
Hope this helps.
Stolen from, and with thanks, to Kiwibird0 -
My wife has 3 felonys her probation officer told her my guns and ammo had to be locked in a safe,well.. I have all the guns in there,I don't know what to tell her about the cannons,, 0 -
Best thing to do is to have her contact an lawyer in her state. Every states is different.
spec.4
Don't fear the night, fear what hunts at night. ME!!0 -
G. Gordon Liddy, convicted felon of some reknown, would continue to talk about the firearms he favored on his talk show long after his felony conviction. When a caller asked about how he can still own firearms after a felony conviction, his response was that his wife had never been convicted of a felony, and all the firearms are technically hers. He did seriously imply this was a loophole that no one could do anything about. He spouted this off on national radio without worry, and I never heard of any reprocussions from his statement.
MEMBER SINCE 10/24/1999.
To err is human, to moo is bovine.0 -
THEY PUT A LOCAL RABEL ROUSER IN PRISON FOR 5 YEARS (FEDERAL) BECAUSE HIS WIFE/G.F. HAD A GUN IN THE HOUSE. AS TO G. GORDON, ALL I CAN SAY IS SOME PIGS IS MORE EQUAL THAN OTHERS 0 -
this kind of question gets asked all the time I dont know about other states but in Arizona I have a felony conviction when probation was over I went to court and had my rights reinstated so I can own guns and have bought several since 0 -
best advice i could give u is tell your family member to call the local DA office and talk to them they will tell u, just DON'T call the PO because he could do a surprise visit. When u call the DA they won't ask your name and not only that just ask the question. don't say "i have a husband who has a felony"
take away my guns, use knifes, take away my knifes, use rocks, take away rocks,i starve, sorry for u BRITS out there0
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