Q: Can I own a firearm if my spouse is a convicted felon?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, owning a firearm when your spouse is a convicted felon presents significant legal complications. While you, as an individual without a felony conviction, are legally allowed to own a firearm, the presence of a firearm in a home where a felon resides is problematic.
California Penal Code section 29800 makes it illegal for felons to possess firearms. This extends to constructive possession, meaning the firearm could be considered under their control if it is accessible to them. Therefore, having a firearm in a home shared with a convicted felon can lead to legal trouble for both you and your spouse.
To avoid any potential legal issues, it is crucial to ensure that the firearm is stored in a way that the felon cannot access it. This might involve using a secure gun safe that only you can open. Consulting legal advice can help you navigate this situation while complying with the law.
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.
