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

Discussion in 'Legal' started by WAGCEVP, Oct 8, 2003.

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  1. WAGCEVP

    WAGCEVP Member

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    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????????????
     
  2. Jessica

    Jessica Member

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    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.
     
  3. Spackler

    Spackler Member

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    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.
     
  4. Jeff OTMG

    Jeff OTMG Member

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    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.
     
  5. son of a gun

    son of a gun member

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    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.
     
  6. Jeff OTMG

    Jeff OTMG Member

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    Damn! Spackler beat me to it by one minute.
     
  7. tcdrennen

    tcdrennen Member

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    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.
     
  8. Bob F.

    Bob F. Member

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    unless you're G. Gordon Liddy!!
     
  9. pax

    pax Member

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    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
     
  10. jsalcedo

    jsalcedo Member

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    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?
     
  11. WAGCEVP

    WAGCEVP Member

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    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........
     
  12. WAGCEVP

    WAGCEVP Member

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    "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"??????????????
     
  13. Combat-wombat

    Combat-wombat Member

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    G. Gordon Liddy is a felon? For what?
     
  14. JeanC

    JeanC Member

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    G Gordon Liddy was implicated in Watergate and sentenced to 20 years. He served 5.
     
  15. Pilgrim

    Pilgrim Member

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    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
     
  16. Erik

    Erik Member

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    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.)
     
  17. Molly

    Molly Member

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    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
     
  18. Standing Wolf

    Standing Wolf Member in memoriam

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    If I ever get married again, I guess it won't be to a felon.
     
  19. tetleyb

    tetleyb Member

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    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...
     
  20. Ladybug

    Ladybug Member

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    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
     
  21. Pendragon

    Pendragon Member

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    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.
     
  22. OPM Inc.

    OPM Inc. Member

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    Can a felon off parole or probation be allowed to go to the shooting range? :confused:
     
  23. Leatherneck

    Leatherneck Member

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    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
     
  24. son of a gun

    son of a gun member

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    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.
     
  25. c_yeager

    c_yeager Member

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    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.
     
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