can i buy a gun, he has felony
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can i buy a gun, he has felony
I am in California, and I live in a same house with my close relative who was convicted with felony eight years ago, I have my room and he has his room. I want to buy a firearm, and keep it in a locked firearm safe in my room.
I want to know, if he will be charged, or it is against the law, him to live in same house, when I have my firearm locked in the safe in my room.
Thank you
Asked on June 14, 2018 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Under the federal law, a felon need not literally have the gun on them to be found guilty of possession of a firerm. They must merely have “constructive possession” of it. This happens if they have control over the place where the firearm is located even if they do not plan on using it. Under state law, if a felon is in the same residence where there guns are, they can deemed to be in possession. That having been said, if the gun is locked up and they don't have any way to access it (i.e. they don't have a key or combination), then it should be acceptable. However, depending on the jurisdiction, even then the authorities could try to cause trouble. To avoid sny such problems, there is a procedure whereby a person convicted of certain felonies may petition in court to have a gun in their home. Your friend should consult directly with a local attorney to discuss the details of their situation.
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