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2nd Amendment and Right to Bear Arms/Can my wife have a gun in our house if I have a misd. assult charge?

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Expert: - 5/16/2011


Question
Hey Dan,

I have a misdemeanor assault charge from 11 years ago and have recently been denied the right to purchase a firearm. I understand the reasoning behind that. However, can my wife own a gun and have in our home without me getting in trouble for it? We simply have the gun for home protection and she owned the gun before we even met. She is not comfortable without having a gun in the house. If it matters at all I was convicted (plead guilty to) the crime in California and we now reside in North Carolina.

Any help would be great!

Thank you!

Answer
David,

Yes your wife can have a gun as long as you do not have access to it. You both would be in trouble if you got a hold of it. If you want to clear your record, you can file to expunge or pardon so you would not have to worry.

Best regards,

Dan

2nd Amendment and Right to Bear Arms

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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

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