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    michellecox1979's Avatar
    michellecox1979 Posts: 1, Reputation: 1
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    #1

    Jan 18, 2008, 06:04 PM
    I'm married to a convicted felon can I own a fire arm?
    My husband got convicted of a felony charge back in 1993. He has been rehabilitated since 1999 but since he does have that felony charge against his record can I own a gun. I have not been convicted of a crime. Not even a speeding ticket. :D :D :D :D
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Jan 18, 2008, 06:36 PM
    Yes, you can own a firearm. HOWEVER, if you buy a firearm and give it to him, you have committed a felony yourself. It is called a straw purchase that carries a 10 year - $250,000 fine.

    Retailers cannot sell to a felon, and if they know the person is a felon they cannot sell to any family member, such as a wife or child who resides in the house.

    Is there a reason you feel a need to own a firearm now? Remember, if you purchase it and he has possession of it, you both will face jail time.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 18, 2008, 06:55 PM
    Quote Originally Posted by michellecox1979
    My husband got convicted of a felony charge back in 1993. He has been rehabilitated since 1999 but since he does have that felony charge against his record can I own a gun. I have not been convicted of a crime. Not even a speeding ticket. :D :D :D :D

    I thought that constructive possession was if anyone in the house had ownership of a gun which would make it available to the felon and, therefore, no one in the house could own a gun.

    I am aware of a felony DWI conviction in NYS in which a condition of the sentencing was that all guns be removed from the home and sold or given away, taken out of the registered possession of the owner. Convicted felon claimed his Civil Rights were being violated, DWI is not a violent crime and so forth - but the sentencing stuck.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Jan 18, 2008, 06:59 PM
    Judy, you are correct in certain states. NY being one of them.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Jan 19, 2008, 04:50 PM
    It's not a good idea to buy a firearm with him being in the same household. You are just asking for trouble if you do. Sorry. J-9 and Judy are correct about the fact that you could be in big trouble also.
    rexing's Avatar
    rexing Posts: 2, Reputation: 1
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    #6

    Jan 19, 2008, 05:08 PM
    You can own one it just can not be in the home with him. After three years I believe he can apply to have his rights reinstated which would allow you ti have one in the home with him. That was at least a couple of years ago so you may want to look deeper into that. There was a situation here resently were a young man was shot and one of the guys there was a ex con well he ended up arrested that night for being around weapons. It all is going to depend on the officer you ar e dealing with as well.
    fde's Avatar
    fde Posts: 93, Reputation: -4
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    #7

    Jan 19, 2008, 06:05 PM
    You can have the firearm But there are provisions on what kind how many and you will be committing a felon if you give it to him. I hope it is not for him.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jan 20, 2008, 01:21 PM
    Quote Originally Posted by fde
    You can have the firearm But there are provisions on what kind how many and you will be committing a felon if you give it to him. I hope it is not for him.

    How can you say that when you don't know what country or State they are in? This is most definitely not true in NYS - which I think I already said.
    fde's Avatar
    fde Posts: 93, Reputation: -4
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    #9

    Jan 20, 2008, 07:16 PM
    That is true sorry!
    I guess you should talk to a expert in this. Does the us have to take a firearms coarse we do. That would be a good idea too.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #10

    Jan 20, 2008, 07:41 PM
    Quote Originally Posted by fde
    Does the us have to take a firearms coarse we do.
    What kind of course (not coarse) are you speaking of? Every state has it's different laws. Where I am from everyone born after 1968 must take a Hunter Safety course. To carry a concealed weapon, one must also take a course. However, to purchase a firearm it is not necessary to take any kind of class, yet you have to be over 18 for a long gun and 21 for a handgun. You just have to pass certain criteria to take your firearm home the day of application.

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