Q: Possession of fire arm
Hello so I’m a convicted felon and my wife is not she recently purchased a hand gun and safe that I don’t have access too am I still allowed to be in the house as the law states I shall not be in possession of it and let’s be honest the word possession mean everything to the law
A:
Colorado defines possession for the purpose of the Possession of a Weapon by a Previous Offender statute in the following way:
"Possession constitutes a “voluntary act” if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to have terminated it."
Not surprisingly, there is no clear answer in that definition. These cases are highly fact-specific and can go either way depending on where the gun is located and who can access it. Long story short, it's a significant risk being anywhere near a firearm after receiving a felony conviction.
Best,
Austin
Disclaimer: This information in this post is for general information purposes only. Nothing in this post should be taken as legal advice for any individual case or situation. this information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
