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Markky7 · Dec 5, 2012, 10:26 PM

Im a convicted felon. I'm not on parole or probation this felony is 13 years old and in California l.a county. My wife wants to but a gun. Is it against the law for her to own a gun in our home?

J_9 · Dec 5, 2012, 10:30 PM

Yes, it is against the law to have a firearm in your home. Doesn't matter who owns it, it is still in your home and you would still have access to it.

Markky7 · Dec 5, 2012, 10:33 PM

Originally Posted by J_9

Yes, it is against the law to have a firearm in your home. Doesn't matter who owns it, it is still in your home and you would still have access to it.

what law would be broken do you have a code I can research to learn more about my situation?

joypulv · Dec 6, 2012, 04:27 AM

CA Penal Code starting at 26150 doesn't mention spouses with felonies, nor does the CA firearm permit application. The sheriff, however, has plenty of leeway to approve/deny a permit based on 'moral character.' Unless you are known locally in an unfavorable way, I would assume that she would be given a permit.
The second question is can you as a felon be in the same house with her if she gets a gun permit and a gun? The answer is no, under federal law. http://www.justice.gov/usao/ut/psn/d...ts/guncard.pdf
It doesn't SAY you can't be in the same place with a gun you don't own, but it's implied, and commonly used that way.
(Plus, of course, once you are a felon the law treats you like a felon for life, regardless of your right to be free to start over. You can possibly talk to the local sheriff's office that handles gun permits, but don't count on anything.)
And lastly, you signed papers when you were released that probably said you couldn't be around guns.

excon · Dec 6, 2012, 04:55 AM

Hello M:

Your wife doesn't loose her Constitutional rights just because you've been convicted. If there's ever a search on your home, and the gun is found just laying around, YOU will be subject to federal penalties... Your wife won't.

But, if it's LOCKED up in a gun safe and you don't have the combination or key, you have a good DEFENSE against the charges.

excon

odinn7 · Dec 6, 2012, 07:09 AM

Though I'm not a lawyer, I do have a pretty good knowledge of gun laws. You, as a felon, cannot own or touch a gun. Your wife can. The problem here is that if the law ever wants to cause trouble for you, her having that gun in the place that you live will cause you nothing but trouble. I have heard of cases where the spouse will lock the gun in a cabinet or safe that only they have access to but that does not always work. Unfortunately, the law is not always fair and if they want to press the issue, they will... and then you will need very expensive lawyers to fight this to maybe stay out of jail. It will be very difficult to prove that you did not have access to that gun whether it's locked or not.

The real question is... do you really want to take that chance?