[jaketishrei]

My felony was in 1996-1997 I did 3 years time. Parole ended in 2002. I would like to move to Wy. And was wondering if I can be in the same household as a person who owns guns.

[JudyKayTee]

No, it's a Federal Law that a person convicted of a felony cannot live in a house with firearms.

If you use the search feature you will see this has been asked and answered many, many times with specific laws and citations.

[excon]

Hello j:

If you were on probation, I'd agree with Judy. However, once supervision is ended, the standards are different.

A felon may not be in POSSESSION of a firearm. There's LOTS of ways your roommate can secure his guns to INSURE that they're NOT in your possession.

excon

[Fr_Chuck]

Yes the guns and all ammo will have to be secured ( normally safe) where the felon has no possible way to access them.

I will note, I have a family member right now in federal prison because he was a felon, and had a ( non firing) shot gun on the wall for decoration. Yes I saw it, it was so rusted shut that it would not open or fire. But it was in the house and on the wall, with no ammo, and he is doing 5 years for that.

[JudyKayTee]

I think the term "possession" can be open to interpretation -

Concerning convicted felons (including those NOT on probation or parole) I believe Federal statutes defines possession as physical control of a firearm. You can be convicted of possession in NY (I cannot speak for other States) if the item (or items) in question are accessible to you - for example, drugs in a locked nightstand in someone else's bedroom IF you have knowledge of the drugs and could gain access by some means (such as breaking the lock).

I would extend this thinking to possession (if the law is strictly interpreted) if a firearm is in a house in a place accessible to a felon, IF the felon is aware of the firearm even though the felon does not have easy access to the firearm.

So - is a felon in possession if there is a firearm in a house where he resides?

I also wonder about constructive possession - you can be arrested for constructive possession if you own the residence or vehicle and contraband is found. If the OP owns or is the primary renter, is he in constructive possession of a firearm in that residence?

I think this is a question for a criminal Attorney in that particular State - and I would pay for a written opinion (just in case).

[excon]

I think this is a question for a criminal Attorney in that particular State - and I would pay for a written opinion (just in case).

Hi Judy:

I quoted the wording from the FEDERAL law. I also don't disagree with you about whether someone would be arrested and charged given the scenario we've been discussing. What's true, is that there's NO absolutes here..

I have an exconvict friend who was arrested for growing MEDICAL marijahoochie. He HAD a prescription AND a gun in his house. The STATE, however, used the threat of bringing in the feds IF the guy didn't plead guilty to pot possession... He caved IMMEDIATELY. As the Padre mentioned, the feds will give an excon FIVE years FLAT if they're brought in.

excon

[JudyKayTee]

- And I think we're in agreement (I was quoting Federal law, not State, just giving my experience in NY's interpretation of Fed law) that OP should consult with an Attorney - ?

Or not?