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kellygreen000 · May 9, 2012, 05:54 PM

Can a person with a felony live in a house where there is a gun? My spouse is considering purchasing a gun. The gun would be locked. I served my sentence (non-violent crime) 5 years a go. I now reside in NJ

excon · May 11, 2012, 07:08 AM

Hello k:

In MY opinion, you'll be compliant with the law as long as the gun is LOCKED in a gun safe that you do NOT have access to..

I think a good lawyer would agree, but I don't think the cops would if you're caught...

excon

AK lawyer · May 11, 2012, 06:42 PM

Originally Posted by excon

... In MY opinion, you'll be compliant ... but I don't think the cops would [agree]...

And what the police think, and the judge, is much more important than what Excon thinks. Don't do it.

odinn7 · May 11, 2012, 07:49 PM

This is a question that has never been fully answered by the law... it's grey.

Legally, if the gun is locked and your spouse is the only one that has the key. You are compliant... BUT... I have to agree with AK lawyer. Compliant with the law or not, it all comes down to what the cops, prosecutor, and judge think. I have heard of too many instances where things can go bad.

You may be legal and compliant but if a judge decides you're not, it's going to cost you a whole ton of money to try and prove that you are... with no guarantee.

Do either of you want to take that chance? Especially in NJ... one of the toughest anti-gun states in the country.

Fr_Chuck · May 11, 2012, 08:00 PM

If the gun is in a safe, and there is no possible way for you to be able to get into it, ** OK, how is that going to happen, she has a key, it is laying around when she is asleep, or a combination, how do you prove you don't know it.

About the only way I can think of, a safe that uses only a finger print lock, where only she can open it.

My opinion, if they find it , for some reason, with you living there, you will be arrested.

I give this example a lot on here, a close family member of mine, had a old single shot shotgun on the wall, it was a old model, rusted shut, barrel rusted over. You could not have forced it open if you tried. Well they did a drug raid twice, could never find anything, ** not that he was not a drug dealer, they just could not find it. Well the second time they noticed the gun, and arrested him for that.

And he is doing about 10 years for it right now.