Q: I purchased a handgun several years ago. My violent ex felon boyfriend took the gun and refuses to give it back to me.
What do I do? I don't want to incriminate him but I want to protect myself and not land myself in jail.
A: Based upon your fact scenario he is the convicted felon, not you, which means he likely just committed Unlawful Possession of a Firearm by a Felon, not you. Additionally, he committed the offense of Theft of a Firearm by taking your weapon without consent. Unless you are participating in the planning, commission of, or escape from a crime, you are unlikely to land in jail. Consult with a criminal defense attorney immediately if things go south from here.
A: You will not be prosecuted under these circumstances. However, your boyfriend is looking at two possible felony charges, Theft of a Firearm and Unlawfully Carrying of a Weapon by a Felon. He has a very good chance of going to prison. Probably looking at 5 to 8 years.
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