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    Carolina2122's Avatar
    Carolina2122 Posts: 2, Reputation: 1
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    #1

    Jul 16, 2008, 03:42 PM
    Can my dad still own firearms living with a felon?
    My dads spouse was convicted of a non-violent felony. Can he still keep his rifles and shotguns in the house for hunting season?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 16, 2008, 05:07 PM
    Quote Originally Posted by Carolina2122
    My dads spouse was convicted of a non-violent felony. Can he still keep his rifles and shotguns in the house for hunting season?

    No - J_9 is the expert and she has said "no" in the past. I don't believe that has changed - although other people have other opinions.

    Perhaps she will come back and post the Federal Law.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jul 16, 2008, 09:17 PM
    Hello Carolina:

    I don't believe one gives up their 2nd Amendment right to possess a firearm simply because one marries a felon.

    excon
    farmgirlmo's Avatar
    farmgirlmo Posts: 107, Reputation: 2
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    #4

    Jul 17, 2008, 07:34 AM
    I know someone who was married to a convicted felon.

    They could have guns, but I believe they must be under lock and key. I'd check with local sheriff's office.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jul 17, 2008, 07:44 AM
    Quote Originally Posted by farmgirlmo
    I know someone who was married to a convicted felon.

    They could have guns, but I believe they must be under lock and key. I'd check with local sheriff's office.

    I am quoting J_9 on another post:

    "Here is the real deal... A felon cannot be in possession of a firearm....PERIOD. This means that even if another member of the family owns the firearm, it cannot be in the house.

    Now, that said, you can hunt with bow and arrow, cross bow, and certain black powder guns. Note that I said CERTAIN. Some black powder guns can be easily transformed into a rifle, these are not legal guns for a felon to use. These are called "combo" guns. Means that they can be used either as a black powder or a rifle. This gun is subject to a background check.

    Not to advertise, but to check out my credibility, please note that I am a gun shop owner....Brighton Arms"
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Jul 17, 2008, 07:49 AM
    Hello farmgirl:

    The laws against a felon possessing firearms is a federal one. Therefore, the local sheriff wouldn't know anything about it. If they were locked up, and the feds showed up, they certainly MIGHT arrest the NON felon, even if the local sheriff said it was OK.

    When I said above that a citizen does NOT give up rights because they got married, that doesn't mean the federal government agrees with me. They don't. Nonetheless, I can read the Constitution, and I understand what it says even if THEY don't. Should you be arrested, you need to inform the judge about what it says too. Maybe you'll find a judge who can read.

    excon
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #7

    Jul 17, 2008, 08:34 AM
    I think part of the confusion is that the other post the OP posted with this one asks if the dad's spouse would be allowed to hunt.

    https://www.askmehelpdesk.com/crimin...ia-238225.html
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #8

    Jul 17, 2008, 06:26 PM
    A firearm CANNOT be in the residence of a felon. This means that if the wife is a felon, but the husband is not, there can be no firearms in the house where the wife resides. The reason being is that the felon has easy access to the firearm.

    I'm sorry, while your dad can still hunt, he cannot possess any firearms on or in his property.

    So, in essence, if you marry a felon, you basically give up your rights too.
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