2nd Amendment and Right to Bear Arms/gun possession by felons wife

Advertisement

Expert: - 11/7/2008


Question
Can a spouse of a felon own/posess a gun while living in the same residence ? It seems to me that her right to protection would be limited if she were not allowed a gun to protect herself because her husband was a felon.He is a felon because of a simple gun possession charge.The gun was legally bough and registered but he was busted passing thru New Jersey one weekend and was not aware of the stricter gun laws. In his home state (Florida ) it would not even have been a crime to have a pistol inside your suitcase at your hotel room.Thanks for any info

Answer
Jake,

Thanks for asking. The spouse with a clear record can own a firearm, even if her husband is a felon. If she gives him a gun then she violates the law by contributing to felony weapons possession.

Bottom line, She must not ever allow her husband to have a gun until his record gets cleared.  

2nd Amendment and Right to Bear Arms

All Answers

Answers by Expert:

Ask Experts

Volunteer

Dan Haynes

Expertise

I will answer questions on the 2nd amendment from both historical and present day applications. I will answer questions on the right to keep and bear arms and the significance of this right. I will not answer questions that require legal interpretation or those that are outside of my areas of expertise.

Experience

I have studied the 2nd amendment from a historical view. I have certified as an NRA Range Safety Officer. I am a Federal Firearms License holder, and have a CCW permit. Since 2004, I operated my own gunsmithing shop and offer custom pistolsmithing services. I have served a 4 year term as an elected offical on the Montrose Colorado City Council, becoming Mayor in my 4th year. I am well versed on the US Constitution and firearm laws.

Organizations
NRA, NAHC, M1 Garand Collectors Association

Publications
Smith & Wesson Club 1852 fall 2007 issue.

Education/Credentials
NRA hunter safety course, NRA Range Safety Officer training, Colorado CCW permit holder, Federal Firearm Licensee, professional pistolsmith.

Past/Present Clients
Valhalla Shooting Club

©2012 About.com, a part of The New York Times Company. All rights reserved.