If I’m not allowed to have a gun and my probation officer finds a weapon in my brother’s room, am I in trouble?

UPDATED: Jul 6, 2015

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If I’m not allowed to have a gun and my probation officer finds a weapon in my brother’s room, am I in trouble?

Asked on July 6, 2015 under Criminal Law, Louisiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, you could be. From the sound of things, you have been convicted of an offense that has resulted in your have been prohibited from owning or possessing a gun. And under the law, it is not required that you own the gun or that you have one on you. To be guilty, you just must have to have what is called “constructive possession” of the weapon. This occurs when you have has control over the place where the firearm is located. It is not required that you intend or plan to use it. A common example would be, as in your case, a roommate has a firearm in their room (even if it is locked in a gun safe).

Bottom line, it may be time for a new roommate.

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