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Owning a gun with a Felon in the household
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dancindave89:
I was approached by a guy from work the other day with a question. He told me he was thinking about buying a gun (nothing specific like handgun or rifle), but said his girlfriend that lives with him is a convicted felon. I did not ask what the conviction was for, I don't think it matters. His question was would his girlfriend be in violation with the gun in the house. I told him I didn't think so as long as she didn't have it in her possession. But I'm not sure what the law would consider as possession. So I'm asking this question to the experts here at the NFOA. Could you someone give me the correct answer in plain english. Trying to understand some of the laws without a law degree is next to impossible. Thanks for any help.
00BUCK:
OK, this is a long read but a lot of good info. The simplistic answer is no, he can't have a firearm in the home. Even if it is locked up, how would he be able to prove that she had no way of accessing them? Not only could she be arrested for being in possession of a firearm, he could also be arrested for providing a firearm to a felon.
STATE V. LONG
Filed April 27, 1999. No. A-98-370.
http://www.ncpa.ne.gov/ctopinio/A98-370.htm
DaveB:
--- Quote from: 00BUCK on March 19, 2011, 02:06:31 AM ---OK, this is a long read but a lot of good info. The simplistic answer is no, he can't have a firearm in the home. Even if it is locked up, how would he be able to prove that she had no way of accessing them? Not only could she be arrested for being in possession of a firearm, he could also be arrested for providing a firearm to a felon.
STATE V. LONG
Filed April 27, 1999. No. A-98-370.
http://www.ncpa.ne.gov/ctopinio/A98-370.htm
--- End quote ---
Not to argue the case or the charges in any way, but it appears he was only charged with possession of the guns that were not locked in the cabinet. He needed a better lawyer in my opinion, but being a convicted felon, he would never be able to afford one anyway.
00BUCK:
What does a felony have to do with a persons ability to pay a lawyer? I know 3 people personally that have felony convictions and each of them has a net worth of well over $1M. Why would you even bother to post such a ridiculous statement?
He didn't need a better lawyer, he needs to quit breaking the law.
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