Reedville, VA asked in Criminal Law and Federal Crimes for Virginia

Q: My son was convicted of a felony, is he restricted from being in my home if I possess a gun there?

If I have a gun in my home is my son restricted from being at my home.

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2 Lawyer Answers
Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: Problem may arise regarding whether he has constructive possession.

Steve Miyares
Steve Miyares
Answered
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: There is not a legal restriction that would prohibit your son from being present in your home. However, you son can not possess a gun. As pointed out by another response, the concern would be whether there is a situation in which your son could have constructive possession. In an oversimplified explanation, constructive possession would be a situation in which he had knowledge of the gun being present in an area where he could exercise "dominion and control" over it. Your best practice (and also a generally good gun safety practice) would be to secure your gun in a gun safe your son does not have access to. When the gun is not in your personal possession, then having it secured and inaccessible to your son is a smart safeguard to protect everybody involved, both physically and legally.

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