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Old 09-03-2015, 12:25   #1
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can you own a gun if your spouse was convicted of a crime

I was thinking of purchasing a gun, but my wife was convicted of a crime and sentenced to six months in jail. Does this now mean a gun cannot even be int the house? I was going to ask for more information but since I was here I thought I would ask here as well
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Old 09-03-2015, 12:34   #2
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If it was a drug conviction, assault charge or Felony I'd ask a local lawyer or check your States laws governing such things.

I'd be very careful of taking advice on a public forum for such a serious matter.

Either way, good luck and best wishes .
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Old 09-03-2015, 12:53   #3
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How much do you want to keep your wife out of jail? This could be important to your gun purchasing decision!
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Old 09-03-2015, 13:16   #4
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You would have to look into your state statutes and criminal code, some localities may differ. Generally by federal law (if it was a drug or felony charge) you would be able to own them, but would have a strong responsibility to prevent any and all access to the firearms by your wife (basically if they are not in your hand or on your body, then they are in a secured safe to which she does not have the combination and no way of opening). If she committed a drug crime or felony, then she is not allowed to possess those arms which generally is considered being in hand, within reach, or free access to said firearms. Depending on how old the felony/crime is, your wife could petition the court to have her rights reinstated if it was not a violent crime and then you wouldn't have anything to worry about.

**Don't take my advice as being 100% correct, I am not a lawyer, but did go to University for Criminal Justice, Police Science, and some basic law.
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Old 09-03-2015, 13:23   #5
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Also to add, think of it as owning an NFA weapon as an individual with a tax stamp, and not with an NFA Trust that allows others on the trust to handle the firearms. An individually owned NFA item is only allowed to be in the possession of the individual who purchased the item and holds the tax stamp; allowing access to or letting others handle the NFA weapon is a felony for both parties involved. So if you followed the same precautions with your firearms that you would if they were all NFA items, then you would be just fine. Now, hypothetically if you kept them in a safe and your wife was home alone and she broke into the safe and took a firearm and got caught, she would have committed a felony (actually multiple) and you would be in the clear as you would have taken every step to bar her access to them.
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Old 09-08-2015, 15:45   #6
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Like I keep saying, go to the source and ask. Local police, BATF, get a lawyer to do it for you (at $200/hr). Who knows if any person here knows what the laws are in your town/city/state. Are they different than federal law? You might be getting "Free" advice that the fool is trying to shaft you with. The point I'm trying to make is get your legal advice from someone who knows, who can be trusted to know, and be pointed to in a court of law.
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Old 09-08-2015, 18:48   #7
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Originally Posted by 1924 View Post
I was thinking of purchasing a gun, but my wife was convicted of a crime and sentenced to six months in jail. Does this now mean a gun cannot even be int the house? I was going to ask for more information but since I was here I thought I would ask here as well
Typically, the answer is "yes," provided you can store it in such a way that a cohabiting felon cannot get a hold of it. Now, since your wife is only serving 6 mos. jail time vs. 1 year+ in prison, we can only guess that she was convicted of a misdemeanor & not a felony, & hence won't lose her civil rights. Note that egregiously bad law on the books means that if she was found guilty of misdemeanor spousal abuse, then she'll lose her gun rights, but again, that won't affect you, provided you can demonstrate secure storage.

Like others have said, you really need to consult a lawyer familiar with the laws in your area: this stuff can vary wildly from state to state.
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Old 09-09-2015, 00:29   #8
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Give a local atty a $40 consult fee and find out for sure
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Old 09-09-2015, 08:22   #9
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this 'sort of' happened to me years ago as the gal I was living with got a felony attempt assault with deadly weapon - firearm and the gun was (is I got it back with court petition when she was serving her 30 days) one of mine. I wasn't the target of her ire - her bizz partner was, and she had been 'cooking the books' to cover up her filching off the top when my GF caught her at it.
she got a plea bargain down to a lesser but still felony charge and active/supervised probation for a year. I had to have my guns 'secured' from her which was a real burden on me. I went an extra step and rented a small storage locker to keep most in and had nephew keep the others excepting my .45 and a .22lr rifle which I kept locked in my workshop.
she got her rights restored - or I payed an attorney to petition for it which was granted, then payed her to leave! (palimony, chazamm it cost me!)
it's somewhat state by state so check with a local attorney paid consult.
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Old 09-09-2015, 18:58   #10
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I will join the chorus of "consult an attorney". It will be the best and cheapest money you can spend. The amount of time she served is not relevant, the classification of the crime is (Felony offense or misdemeanor domestic violence vs. any other misdemeanor).
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Old 09-11-2015, 07:14   #11
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If the person has not got in to trouble in the last 5+ years you can have the record cleaned up. Check with a lawyer to see if it can be done in your state. GOOD LUCK
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Old 09-12-2015, 07:19   #12
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1. Consult a lawyer and make sure you're in compliance with the law or you'll have more to worry about than whether your wife is prohibited. "6 months in jail" doesn't mean anything per se, the class of crime does - if its a felony, rule of thumb is that she's prohibited. There are also probation issues. Again, consult an attorney.
2. If it turns out she's prohibited, get started on a rights restoration (if possible). It may be several years down the road - or never- before it can happen, but you need to know what your options are. That's where an attorney comes in.
3. Good luck. As far as I'm concerned, no one who is on the right side of the bars should ever be prohibited, but my opinion and a few bucks will get a decent cup a' joe these days.

In short, find out your legal options somewhere other than the internet.

Best,
Grumpy
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Old 06-29-2020, 12:35   #13
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It's a FEDERAL charge she AND you would have to worry about, the state doesnt matter. You'd have to have your guns in a storage unit, bank safety box, etc, to which she has no access. If its alleged that you made it possible for her to access the gun, OR ammo, you can be charged, too. ONE rd of .22, under the back seat of a car that you both have access to, is enough to get both of you 10 years.
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