Spouse of felon own gun?

[rochte]

A woman that I work with would like to purchase a shotgun (she's concerned about personal protection with all the coming "change"). Her husband, however, was convicted of a federal felony (financial crime of some sort) a decade or more ago.

Several questions: First, will she likely pass a NICS check, given his record? Second, would she then put him in peril as a felon-in-possession by having a firearm in the home?

If the answer to the second question is affirmative, then is there any way that this woman can own a firearm? I'm thinking that the husband could probably be convicted on constructive possession if the shotgun is even in the house, but then wouldn't this mean that HIS conviction has now taken her 2A rights away? (That, or she has lost freedom of association....)

Thanks.

[festus]

She can buy any damn gun she wants, but she will have to keep it on her side of the bed.

[rochte]

Originally posted by festus
She can buy any damn gun she wants, but she will have to keep it on her side of the bed.

And when she leaves the house and he's still there? I think he's in possession at that point, but I'm not sure. Thus the question....

[2barearms]

Rochte

Many states like Texas have provision for Felons after 5 years of
being off Parole etc they can have a Firearm for hame protection.
They can in some cases vote also. It varies from state to state and
it would be best to seek advice from counsel first. She could also
lock the shotgun in a safe while she's gone.

[spatin]

It probably depends on the local authorities and how far they want to go to enforce such a useless law, but it is my understanding (not a legal opinion or anything like that) that (1) she can own and possess as many firearms as she wants, (2) he can't, and (3) he won't get in trouble if she keeps them locked somehow and she keeps the key.
Sidney

[gunplumber]

I remember G. Gordon Liddy mentioning that " I am a convicted felon and can't posess a gun, but Mrs. Liddy owns lots of guns and leaves them scattered around the house"

[AliYahu]

Originally posted by gunplumber
I remember G. Gordon Liddy mentioning that " I am a convicted felon and can't posess a gun, but Mrs. Liddy owns lots of guns and leaves them scattered around the house"

Exactly!
And TX allowed firearms 5 years after conviction date, which doesn't make a lot of sense but hey some of us don't believe anybody loses gun rights unless they're insane - and a threat to others.

Eli

[Para Driver]

your sister needs a VALID legal opinion, perhaps from the judge that convicted her husband?? IN WRITING

[thunderchicken]

Originally posted by 2barearms
Rochte

Many states like Texas have provision for Felons after 5 years of
being off Parole etc they can have a Firearm for hame protection.
They can in some cases vote also. It varies from state to state and
it would be best to seek advice from counsel first. She could also
lock the shotgun in a safe while she's gone.

These limited civil rights restorations were recently overturned by the 10th circuit in a wyoming case. Texas' 5 year restoration for firearms ownership only may not last long fi the 5th circuit follows suit.

[maddawg308]

This might, regardless of legal precedent, be an issue that really depends on what the individual police officer feels is right or not. After all, laws can be interpretted either way when you're this close to the grey area of the law.

[Deltaten]

A situation like this will end up being interpreted just like the "strawman" purchases that were a wife buying a gun for her husband as a present.!!
WIll end up very loosely and poorly executed across the counter

I have been present in shops that wouldn't sell, once it was stated that it was not for the original purchaser..regardless of next-of-kin or familial relationship...

"Have yer hubby come in and fill it out"......
"Just put a gift certifictae in and envelpe. Much more legal thataways" (duh?)....
and my personal fav...
"Nope! That;s a strawman sale and I won't do it" for a wife at Christmas wanting to buy two hi-end S&W hunters..........
.......right after the putz sold a Glock to a severly overweight blonde skank while her ancestrally dark boyfriend with the locks and prison tats picked out ammo and accessories, while approving of her "purchase" !

I don't shop there anymore
Paul

[Robb 71]

Originally posted by AliYahu

Exactly!
And TX allowed firearms 5 years after conviction date, which doesn't make a lot of sense but hey some of us don't believe anybody loses gun rights unless they're insane - and a threat to others.

Eli

A bit more to it than after conviction date.

§ 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person
who has been convicted of a felony commits an offense if he
possesses a firearm:
(1) after conviction and before the fifth anniversary
of the person's release from confinement following conviction of
the felony or the person's release from supervision under community
supervision, parole, or mandatory supervision, whichever date is
later; or
(2) after the period described by Subdivision (1), at
any location other than the premises at which the person lives.

[thunderchicken]

Originally posted by Robb 71


A bit more to it than after conviction date.

§ 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person
who has been convicted of a felony commits an offense if he
possesses a firearm:
(1) after conviction and before the fifth anniversary
of the person's release from confinement following conviction of
the felony or the person's release from supervision under community
supervision, parole, or mandatory supervision, whichever date is
later; or
(2) after the period described by Subdivision (1), at
any location other than the premises at which the person lives.

Alas that only provides coverage under state law. The feds take a much different position, See http://www.ca10.uscourts.gov/opinions/07/07-8046.pdf

[AliYahu]

Originally posted by Robb 71


A bit more to it than after conviction date.

§ 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person
who has been convicted of a felony commits an offense if he
possesses a firearm:
(1) after conviction and before the fifth anniversary
of the person's release from confinement following conviction of
the felony or the person's release from supervision under community
supervision, parole, or mandatory supervision, whichever date is
later; or
(2) after the period described by Subdivision (1), at
any location other than the premises at which the person lives.

It's been changed since I went through the academy then, it was 5 years from conviction date - which meant usually allowed while still incarcerated!

Eli