My three convictions from 2005 are all non violent crimes. I travel a lot for work, so my wife and kids are without me most of the time. Can my wife possoss a firearm in our home for her own sense of security and protection. She would have it in a lockbox at home at all times, and only she would have axcess to it.

You're probably never going to get a clear answer on this.

Assuming your wife is legally allowed to own a gun, then she could own one even though she is married to you. The problem comes from where the gun is kept. If it's kept in your house, even under lock and key that she only has possession of, it is still possible that you or her could be charged if the gun is found.

If you were to do an internet search on this subject, you will get many varied answers and nothing is completely clear. I haven't been able to find any clearly stated law that pertains to this. Some say yes, some say no. It all comes down to how much of a risk are you willing to take?

In my opinion, both of you are better off not taking any chances and just forget about owning a gun. Maybe she could get a stun gun or mace if she's looking for protection.

We have many knowledgeable legal people here and maybe one of them will be along that will have a better answer than mine and hopefully, one of them can cite a specific law.

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Originally Posted by odinn7

You're probably never going to get a clear answer on this.
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This is true. When the Federal legislation was adopted, that made it illegal for felons to possess firearms, it was a knee-jerk reaction to a perceived but largely non-existent threat. And, like so many federal laws, it would not be politically correct to amend the statute to make it make sense. There are a couple of 2nd amendment cases which have come down from SCOTUS in the past year or so which might warrant a second look at this by the courts. OP's wife could, I guess, seek a declaratory judgment. But, of course, such litigation would be very expensive.

In theory yes you can, but the issue is that under the Federal Law, it will be up to a jury to decide if they feel he could have gotten possession of it. Even what type of gun safe ( not a cheap lock box) would do, if the safe has a key, would you ever be able to get to it ( most likely yes, keys laying around, even at night when she is asleep and more) Perhaps a gun that is only at home when you are not there, the day you are to come home she takes it somewhere else.