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I was convicted of a felony in Florida 14 years ago. Grand Theft
Can my wife buy a gun in her name, and can we legally store it at our home ?
Asked on July 5, 2017 under Criminal Law, California
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Under federal and most state laws, a convicted felon cannot be in possession of a firearm. And this does not mean that the felon literally has to have a gun on them. To be guilty, they must merely have “constructive possession”. This means that they have control over the place where a firearm is located, whether or not they ever plan on using it. Accordingly, if a felon is in the same residence where there is a gun and they have access to it, then they can deemed to be in possession and consequently arrested. Therefore, the gun should be locked up and the felon should not access to it in any way. For example, it is put in a gin box th which the felon does not have a key to the lock or know the combination to. You should also be aware that in some places there is a procedure whereby a person convicted of certain felonies can petition the court to have a gun in their home. At this point, you should consult directly with a criminal law attorney in your area to discuss the details of your situation.
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