Expert: Dan Haynes - 2/8/2010

Question
My husband was convicted of a felony 30yrs ago and a vengeful relative decided to call the police and tell them there were guns in our home these 2 guns belong to me and I have owned them over 20yrs now the police want to prosecute him telling us he knew he couldn't be in a house where there is a gun and he knew it. Well he didn't know it neither did I.One of my question is just because he has felony I don't have the right to own a gun?  Shouldn't I have been asked if I lived with a felon when I got the guns and been denied? We were already married for seven years when I bought them. Is a convicted felon not allowed to live in a house where someone else owns a gun? and just because I married him means I no longer have a right to bear arms? He works with and around police all the time so does this mean he is not allowed to do this either?  Because they all have guns.

Answer
Staci,

Thanks for asking:

If one parties record is clean and the other party is a felon, then the felon cannot access the clean party firearms. Your right to have arms does not get affected by your husbands felony record. Or at least it should not.

If he is working around police as a felon then he should be ok around you with a firearm.

I recommend contacting legal help to fight the proposed prosecution.

Best regards,

Dan