Taylorsville, NC asked in Criminal Law and Federal Crimes for North Carolina

Q: Can I own a firearm or firearms if my spouse has been convicted of a felony, served time, and completed probation?

I am in North Carolina. I have a Concealed Carry Permit.

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1 Lawyer Answer

Will Blackton

Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: If your firearm rights have never been revoked and you have obtained the appropriate permits for ownership, you may own a firearm. If you live with your husband and your firearm is in your home, car, or somewhere your husband has access, your husband is in constructive possession of that firearm and could be convicted under 18 U.S.C. Section 922(g). The punishment is the same as if he purchased his own firearm.

Legally, can you own a firearm? Yes.

Practically, can you own a firearm? No. If you own a firearm and store it in your home, your husband would be prohibited from living with you.

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