As you already know, felons cannot legally own firearms. Under the Gun Control Act of 1968, it is illegal for felons to possess any gun regardless of the circumstances. If you’re a felon, you cannot own a firearm.
However, you may have a spouse who has been convicted of a felony crime. Does this prevent you from owning a firearm? Can you carry a handgun if your wife or husband is a felon? This topic will be explored in greater depth below.
Felon Gun Ownership Laws
As mentioned above, felons in the United States cannot carry firearms. If they do, they could go to jail. The Gun Control Act of 1968 was passed by Congress to prohibit felons from carrying firearms. The act makes it illegal for felons to carry handguns for whatever reason.
You’ll also want to learn more about the Firearm Owners’ Protection Act. It was passed in 1986 and strengthened the ban. Furthermore, it banned people who’ve been convicted of crimes that carry more than one year in prison from owning guns.
Congress later added the Lautenberg Amendment. This amendment stops people who have restraining orders or protective orders against them from owning guns. If you’ve been convicted of a misdemeanor crime associated with domestic violence, you cannot own a gun. Remember that these laws pertain to felons possessing guns and ammunition.
However, you should know that there are state laws that govern this as well. You’ll need to check with the laws in your state to find out what you’re dealing with. Depending on where you live, you may be able to legally carry a gun even though you’re a felon. However, most states prevent felons from carrying guns.
Can I Own A Gun If My Spouse Is A Felon?
Can you own a firearm if your spouse is a felon? Ultimately, the laws are going to vary from one state to another. In most cases, a convicted felon cannot own or possess a gun. If you’re living with a spouse who is a felon and you own firearms, you’re likely asking for trouble.
The guns may be available to you. You can access them easily. If law enforcement enters your home, they may claim that the guns are being possessed by you. Even if you don’t own them, you could still get into trouble.
It is generally a good idea to remove the guns from the home. Most people have to deal with legal problems because something unexpected happened. You may suspect that you’re never going to get a visit from a police officer.
However, you cannot guarantee that this is true. Someone may call officers to a nearby home and they could visit yours by mistake. If they see the guns and realize you’re a felon, you could get into trouble.
Since you never know what is going to happen, it is pertinent to protect yourself. Make sure that the home is free of guns.
Felons With Guns
What is going to happen if a felon is caught with a gun? Unfortunately, it is not going to end well for the felon. There are strict laws prohibiting felons from owning guns.
As a result, you will get into a lot of trouble for carrying a gun. It is a good idea to take steps to protect yourself because you don’t want to get caught carrying a gun.
If you live with someone who owns a gun, there is a risk that you’re going to be accused of possessing the firearm. If you’re caught with a firearm, you’re going to be charged as a felon in possession of a firearm.
Depending on the severity of the crime, there is a risk that you could face a sentence of up to 25 years. In addition to this, you need to realize that the judge is going to consider your criminal history when deciding your punishment.
If you’ve been convicted on several felony accounts, there is a risk that you’ll face a stiffer penalty. It is never a good idea to live in a house with firearms because it could get you into trouble. And, you might have to serve time.
More About The Crime
Ultimately, you’ll want to learn more about possession of a firearm by a felon. Although it might seem like a minor crime, it isn’t. In fact, you’ll find that this charge is a felony as well.
In most cases, you’re going to face a prison sentence of one to three years. However, the specific sentence depends on the laws in your area. Also, there is a good chance that you’re going to face criminal fines and other repercussions.
Restoring Your Gun Rights
If you’re a felon, there is a chance that you’ll be able to regain your gun rights. However, it depends on the state where you live.
It is pertinent to research the laws in your areas so you can find out. In many states, you cannot get your gun rights back unless you are pardoned.
Unfortunately, this is not an easy process. However, the process varies in other states. For instance, you may only lose your concealable gun rights for ten years if you’ve been convicted of a non-violent felony.
In Arizona, you can regain your gun rights through a court set aside. In West Virginia, many can have a court restore their gun rights. However, it depends on the type of felony you were convicted of.
It is important to consult with a lawyer in your area. Doing so is one of the best ways to find out what you need to do to have your gun rights restored.
Dealing With Such A Charge
Have you been arrested for possessing a firearm despite being a felony? If so, you’ll need to take steps to defend yourself. If you were wrongfully accused, you need to stand up for yourself and show that you are innocent.
For instance, you need to make sure that you tell everyone that the gun did not belong to you. If you were in a car with multiple people, you may be able to convince the judge or jury that it belonged to someone else.
If you can convince the court that it belonged to someone else, you may be able to successfully defend yourself and avoid potential problems. You’ll also want to consider where the gun was located. Was it found on you? If so, that will be difficult to defend.
However, the gun might’ve been found elsewhere. You might be able to use that to your benefit. Another thing to consider is the scientific evidence. You might be able to use that to prove that you didn’t possess the firearm.
Does the gun have your DNA and fingerprints? If it doesn’t, you can likely use that to defend yourself in the courtroom. You’ll want to gather as much evidence as you can so you can protect and defend yourself.
Just remember that you shouldn’t represent yourself in the courtroom. That is generally a bad idea. Instead, you’ll want to get an attorney.
When possible, it is a good idea to hire an attorney. You’ll receive better service than what you’ll get with a public defender.
Can you own a firearm if your spouse is a felon? Ultimately, you could. However, you might get into trouble in the long run.
If you live with your spouse and they own a firearm, you may get into trouble. If the police come to your home, there is a risk that you’re going to run into problems.
You might be arrested for being in possession of a firearm even though the gun belongs to your spouse. You’ll want to remove the handguns and rifles from the home as soon as possible. Doing so can help you avoid potential issues in the near future.
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Robert Gomez was born and raised in the Bronx, New York. He currently lives in Northern California with “the wifey,” “the kids,” “the dog,” and “that cat,” 🙁 He is also a former journalist who has interviewed murderers on death row. Felonyfriendlyjobs.org was born to help ex-felons get a second chance in life.