One of the rights you lose after committing a felony is the right to bear arms. A lot of research has been done on how dangerous it is for a felon to own a gun. Until new research shows otherwise, the ban on felons owning guns will remain in place for the foreseeable future.
But what about the people who live with an offender? Are they able to own a gun if they live with someone who has a felony conviction? This isn’t like traveling out of the country for vacation. This is an actual firearm.
The short answer is that you can own a gun if you live with a felon. State and local laws play an essential role in determining whether or not you can keep your weapon.
Most people who have been convicted of a felony would be prohibited from owning firearms, but there are exceptions depending on the type of crime they committed. However, many states have passed laws that permit certain convicted felons to possess firearms, vote, and travel freely after they have completed their sentence and been released from prison or jail.
Felony conviction and gun ownership
Yes, technically, anyone who lives with a felon is still able to own a gun. A felony conviction held by one person cannot infringe upon the rights of a second person who has never been convicted. However, subtle laws govern what would happen if the police were to come into a house and find a convicted felon with access to a firearm.
While living with a felon may make it more challenging to secure and store your gun, there are no federal laws prohibiting you from doing so.
State laws vary greatly. Some states have no regulations regarding felons owning guns, while others have stringent restrictions. If you live in one of these states, be sure to consult an attorney before deciding whether or not to purchase a firearm for your home.
Will the felon be held liable for someone else’s gun?
The short answer is yes. There are two types of legal possession of a gun in most of the United States. There is actual possession, which would be open access to the firearm by anyone who lives at the residence, including a convicted felon.
Then there is constructive possession. This is when a felon can get a gun, even if it does not belong to them or is not easily accessible. As long as the weapon is on the property of the residence, the felon can be held liable.
This means if you have a loved one living with you, they cannot have possession of a firearm. A felon in possession is an immediate first-class ticket back to jail. It doesn’t matter if your felony conviction was for a state or federal law; you will be held liable.
Are there exceptions?
There have been cases when a lawyer has successfully argued that even though a gun exists within a residence, the felon did not have easy access. An example would be a married couple where the wife has a firearm-locked safe with an individualized lock system (i.e., fingerprint, code, unique key).
As long as she can demonstrate, with evidence, that the felon does not have access to that lock system, it may be okay. Even then, a judge will probably lean toward convicting the felon at the residence with another crime for gun possession.
So what should I do?
The safest way to own a gun and still live with a convicted felon is to not keep the firearm at the residence. Try to join a gun club or a private range where they have lockable units that you can rent out for the month. That way, you can still enjoy owning a firearm without placing your loved one in further legal jeopardy.
Gun laws are strict, and when it comes to felons, they’re strict for a reason. This isn’t trying to find a job with a felony conviction. There is just too much evidence that, as a whole, criminals should not be allowed to own a firearm. Suppose you are dead set on having a gun in the house with a convicted felon. In that case, you need to convince them to pursue something like legal restoration of civil rights or a pardon.
Some suggestions for how to live with a convicted felon while having possession of a firearm for yourself include:
Get a Biometric Safe: A biometric gun safe is one of the best ways to keep your gun safe. These are more secure than traditional safes because they use fingerprint recognition.
They’re also more convenient because you can open them with just your finger—no need for keys or codes! And they’re generally more reliable than other types of safes since they don’t rely on electronics that could fail or batteries that could run out.
Possess a Firearm at a Secondary Location: When you’re not using it, keep your weapon at another location. This is ideal for those who like to go camping or hunting, as well as for people who have multiple residences and wish to exercise their second amendment rights in more than one place.
Avoid Federal Law with Rights Restoration: To possess a firearm legally, have the person convicted of a felony get their legal rights restored. This could be through a lawyer, fulfilling all parts of a sentence, or going through the local process for possessing a firearm according to your specific state law.
Join a Gun Club: Possession of a firearm doesn’t just have to be in your house. You can also keep firearms at a gun club, where they can be rented whenever you wish to practice shooting. That way, you avoid the issue altogether.
Wrapping it Up
It’s important to note that federal law and state laws vary on the issue of possessing a firearm. Some states have no laws prohibiting gun ownership by felons, while others may prohibit you from owning a gun if you live with a felon.
Before buying a firearm, check your state’s laws regarding the possession of firearms and make sure that the person who has been convicted of a felony is not in your household. If you cannot avoid the felon in your home, then implement the suggestions in this article and speak with a lawyer to be sure you avoid them getting charged with possession.
It makes no sense to buy a gun for self-defense or hunting only to find out later that it is illegal for you to own one. Hopefully, these tips will help you stay out of any other firearm-related issues so your house will remain safe, peaceful, and, most importantly, legal.
If you would like to learn more about changing your life after a felony conviction, check out the guide Getting Out: success after incarceration available on Amazon.
