Expert: Dan Haynes - 8/12/2009

Question
Although I have seen the following question asked in various ways, I have not read an answer that was definitive. The question is a two part question.
Can a convicted felon legally live in his home with a spouse who owns a firearm in the state of Florida, and would Florida's statute trump any federal statute?
Here is the situation: I am an ex-convict with mulitple convictions. I reside in Florida and completed my mandatory probation several months ago after serving a prison sentence.
After completing the probation, I asked my probation
officer if my status as a convicted felon would place either myself or my wife in jeopardy if she were to buy a gun and keep it in our home. His answer was, "No. Not as long as you were not found with it in your actual possession. Not 'constructive possession', but actual, physical possession." Of course, he knew that my wife had never even been arrested, much less convicted.
However, I have heard differing opinions and I would like yours.
Sincerely, Fred

Answer
Fred,

The officer was correct. As long as it is not ever in your physical possession, you and your wife would be obeying the laws. As far as Federal versus state laws, the Federal law concerning firearms generally rules because of the BATF. The law states that a convicted felon may not own or possess firearms. This also applies to domestic violence charges which are charged as misdemeanor. When violence charges are involved firearms are off limits.

The above is my opinion and what I know about certain laws as an FFL dealer. If you need more information, or legal assistance, then contact your attorney.

Thanks,

Dan