Can a felon's wife own guns in her own home without exposing her husband to charges o


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WAGCEVP
October 8, 2003, 07:28 PM
Can a felon's wife own guns in her own home without exposing her husband to charges of "Felon in Possession"?



Was asked this question today. What's the legality here............. Is not the wife putting herself in jeporady too????????????

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Jessica
October 8, 2003, 07:39 PM
Was asked this question today. What's the legality here............. Is not the wife putting herself in jeporady too????????????
I would say yes, she is putting herself in jeopardy. Mainly because the ATF will more than likely say she is purchasing them for her felon husband.

Spackler
October 8, 2003, 07:41 PM
I once heard G. Gordon Liddy answer a question from a caller on his radio program, who wanted to know how Liddy could own firearms, since of course he is a convicted felon. Liddy replied that while he doesn't own any firearms, Mrs. Liddy has a nice collection.

Jeff OTMG
October 8, 2003, 07:42 PM
You bet. In fact G. Gordon Liddy use to say that his wife had one of the finest German Luger collections that he had ever seen.

son of a gun
October 8, 2003, 07:43 PM
If they are legally married I think her property is considered his also, that's what marriage is as far as the law goes, religiously it's something else.

Jeff OTMG
October 8, 2003, 07:43 PM
Damn! Spackler beat me to it by one minute.

tcdrennen
October 8, 2003, 07:45 PM
In the PRK here, IIRC, "possessing" INCLUDES living in the same house where guns are kept. IOW, a prohibited person cannot live where others keep guns, whether related to the felon or not.

Bob F.
October 8, 2003, 08:12 PM
unless you're G. Gordon Liddy!!

pax
October 8, 2003, 08:17 PM
Moved to the Legal & Political forum, which is the best place for questions about laws and politics.

pax

The word 'politics' is derived from the word 'poly' meaning 'many', and the word 'ticks' meaning 'blood sucking parasites'. -- Larry Hardiman

jsalcedo
October 8, 2003, 08:31 PM
I don't see any legal reason a non felon should be penalized for another felon living in the same home.

What about parents who let their felon children live at home after they get out of jail? Do they have to give up their guns?

WAGCEVP
October 8, 2003, 08:40 PM
The lady who asked this question lives in Miss and is in the military...... should I tell her to check with local authority or maybe her superior???????

I've heard a case where the wife was arrested after her felon husband was caught for probation violation or something and they found out there were guns where he resided........

WAGCEVP
October 8, 2003, 08:45 PM
"I don't see any legal reason a non felon should be penalized for another felon living in the same home."

Techmically, I don't think it is that way, but we all know how laws can be mis (used and abused.........



"What about parents who let their felon children live at home after they get out of jail? Do they have to give up their guns?"



I had a neighbor in that very situation. The son stayed with them a while, but the firearms were secured out of his "reach".
Even the parole officer knew there were guns in the house.........

Maybe she'll be ok , if she keeps them "out of his reach"??????????????

Combat-wombat
October 8, 2003, 08:46 PM
G. Gordon Liddy is a felon? For what?

JeanC
October 8, 2003, 08:52 PM
G Gordon Liddy was implicated in Watergate and sentenced to 20 years. He served 5.

Pilgrim
October 8, 2003, 09:06 PM
G. Gordon received the longest sentence and served the most time because he refused to cooperate with investigators and implicate people further up in the Nixon administration.

His explanation for his refusal to cooperate is interesting. He said that a criminal conspiracy is like any other contract. Implicit in the contract is the agreement to take your lumps if you get caught and not cooperate in the capture and prosecution of one's comrades in crime.

Pilgrim

Erik
October 8, 2003, 09:14 PM
I'd recommend purchasing a safe and not sharing access. At least, not that you'd ever admit...


(After checking having your attorney weigh in on the matter, of course.)

Molly
October 8, 2003, 11:25 PM
According to Gutmacher in Florida (one of the nation's leading pro-gun attorneys practicing solely on gun cases) the felon's wife is responsible for keeping the guns locked and unreachable by the felon. He also states that it is a felony to let someone get a gun whom you know is not allowed -- clearly felon's wife knows her husband's status. In fact, the felon could be charged with constructive posession, meaning he knows where a gun is, and can get to it if he wants to, without anything really stopping him.

I don't know the details of G. Liddy, but it is possible for a convicted felon to own a gun, under certain circumstances, such as a clemency granted by a governer, or by filing with the gov't to have your restriction removed after 8 years of crime-free life after doing your time. If its a federal felony (not a state one) you can be pardoned by the President, or file a special recourse with the ATF, but Gutmacher states that this, though still in the law books, doesn't work anymore, so you will have to get a Presidentail pardon these days.

I got this info from this book, which is a great read:
http://www.floridafirearmslaw.com/order.shtml

Standing Wolf
October 8, 2003, 11:40 PM
If I ever get married again, I guess it won't be to a felon.

tetleyb
October 8, 2003, 11:46 PM
I don't see any legal reason a non felon should be penalized for another felon living in the same home.

I can agree with this, to a point. Again, so everyone will understand where I am personally coming from, its from the position of a police officer.

If the wife owns the guns, great. Except don't get his fingerprints on the guns, or be caught handling, touching, etc the guns. That would constitute a violation of the law.

Another point, slightly off tangent. Most persons who are currently on parole and/or probation, especially in California, have some sort of search clause attached as a condition of parole or probation. Generally the search clause states: Any peace officer may search the person, car, or residence (sometimes it is limited to just the person), with or without a warrant.

So, if your living with someone who has a search clause, any place the person has access too is free game by law enforcement. The same if you were driving down the street in your car, were legally stopped, and the person had a search clause. Said car could be searched.

Just food for thought...

Ladybug
October 9, 2003, 12:05 AM
Hmm, very interesting question!! If the person doesn't mind finding out the real answer, I would recommend they check with their parole officer or attorney - I have a feeling this would be something that would vary greatly amond jurisdictions. Also, I think if the spouse owned the weapons before they got married or before the felony it might make things easier... but don't know.

If my husband became a felon, I guess I'd have to leave him, lol.:D

Pendragon
October 9, 2003, 12:59 AM
There was a recent case where a LEO (corrections?) had married a felonious woman.

The officer had to keep a gun for his job and was supposed to keep it locked up.

One day, he came home and set the gun down somewhere.

Unfortunately, his hapless bride had a warrant or missed a hearing of some sort and the gendarmes were sent to fetch her. They found her sleeping in the house and they also found the gun in the house. She had no idea the gun was there because it had not been there when she went to sleep.

She was sent back to prison - her husband tried to take the blame, but they would not hear it. I got the impression they were trying to "teach" others that LEOs do not marry felons.

Sad story really - lady did nothing intentional. Really, if you are a felon, your non felon spouse could "get you" in this way perhaps.

Not a good situation to be in.

OPM Inc.
October 9, 2003, 03:07 AM
Can a felon off parole or probation be allowed to go to the shooting range? :confused:

Leatherneck
October 9, 2003, 08:42 AM
The lady who asked this question lives in Miss and is in the military...... should I tell her to check with local authority or maybe her superior???????
For sure the Base legal eagles should be asked about her particular circumstances...she could inadvertently ruin her career if she's not careful.

TC
TFL Survivor

son of a gun
October 9, 2003, 09:26 PM
I still think a marriage is a legal contract adjoining property and assets and if there is not some sort of prenuptial or post nuptial agreement she is supplying a fire arm to a felon if that is her spouses legal status.

c_yeager
October 10, 2003, 06:31 AM
Can a felon off parole or probation be allowed to go to the shooting range?

As i understand it simply POSSESING a firearm is a no-no for a felon. Now, how hollywood gets around this i have no idea. So, there are probably exceptions.

moa
October 10, 2003, 02:22 PM
G. Gordon Liddy was bragging to some motorcycle buddys one time that he had nine felony convictions, probably more than any of them.

I have seen pictures of him holding firearms. So unless they were "dummy" firearms, he violated the law.

Actually, him being a lawyer, former Federal prosecutor and FBI agent, he could have sought to have his civil rights restored. And maybe he did. I thinking about calling his radio show and asking him about his felony status.

You could at one time, maybe still can, go to court as a felon and have your civil rights restored. And, why not if you paid your debt to society? I heard someplace to pursure restoration it costs about $10,000.

Hkmp5sd
October 10, 2003, 05:58 PM
Officer could lose job over gun
Wife arrested on parole violation after weapon found in bedroom.
By Doug Hoagland
The Fresno Bee
(Published Friday, January 31, 2003, 5:28 AM)



A Fresno police officer could be fired after marrying a woman who served time in prison for attempted murder and then violated her parole in December by having access to his department gun.

Parole agents found city police officer Ray Holquinn's gun, pepper spray, baton and cartridges on the floor of his bedroom near the bed, where his bride had been sleeping.

Holquinn and his wife, Tanya Marie Holquinn, knew his gun had to be kept in a locked safe or locked gun cabinet for her not to violate parole, said Bill Sessa, spokesman for the California Board of Prison Terms.

Holquinn said he tried to find out what to do with his gun at home, but one parole agent gave him incorrect information and another agent wasn't in the office. Holquinn said he kept the gun in a safe until the day before his wife was arrested: "It was my mistake leaving the gun [in the bedroom]."

During an interview Tuesday, Holquinn provided details about a relationship that stunned fellow officers when it was first reported. Holquinn acknowledged the novelty of the situation: "This is totally irregular -- a cop marrying a parolee."

Holquinn said he believes his wife's past is being held against her: "Nobody wants to let it go and let her live a life."

Tanya Holquinn is now back in prison as she awaits a hearing to determine how much time she will have to serve for violating parole. She faces a maximum of one year.
http://www.fresnobee.com/local/story/6028251p-6984539c.html

Ladybug
October 10, 2003, 06:07 PM
Well, I have to admit that "accidentally" leaving your gun somewhere is pretty lame, especially for a cop. Regardless of whether it's right or not, he knew he was supposed to lock it up and should have. It's too bad his wife has to pay the price, but he also took on particular responsibilities marrying a parolee and making sure he's not contributing to her breaking parole. Just my oh so humble .02

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