Can I own a gun if my husband is a felon?
After one becomes a convicted felon, there are several restrictions and privileges that they are denied. For instance, there are federal and state restrictions against the ownership of guns by felons. This situation becomes complicated if your husband is a felon, and you wish to own a gun, and the answer is not any simpler. Fortunately, it is possible for you to possess a firearm despite being a wife to a felon. However, there are some rules that regulations that you too need to follow to keep you from going against the law when you are living with a felon. Below is comprehensive information on what is expected of you if you intend to own a gun but are living with your spouse, who is a convicted felon.
The rule against gun ownership
Ideally, you will find the gun ownership laws in several federal states which are used to regulate the manufacture, transfer, trade and possession of firearms. The right to bear and keep these firearms is protected by the second amendment of the united states constitution. In the rules about gun ownership, you will find that people with prior felony convictions are not allowed to have guns. However, the law does not deny you a chance to own the gun of you are living with a husband who is a felony.
Nevertheless, you need to ensure that you restrict the access of the gun to the person. If you must have it in the house where they are living, ensure that you have the gun in a safe that is locked and not accessible by your husband. It will be illegal for you to have your gun at a place where he can easily access it.
In some states, however, you could get charged if you have a gun in the same house where a felony is living. For this reason, ensure that you familiarize yourself with the gun laws of the state where you are living to ensure that you are on the right.
How to possess the gun when your husband is a felon?
As mentioned above, it is possible for you to own a gun even if your husband is a felon. Considering that he does not own the gun, he may fail to face further charges. However, there are situations under which you could face charges or be found guilty of constructive possession. Some of these situations are such as:
- Your husband can maintain control over the firearm
- Your husband has the idea that the firearm is in the house
Such cases could also make the felon have extra charges even when they never had any physical contact with the gun. There are many court cases of gun ownership by felons in this way. Therefore, if you have to keep a gun in the same place where your husband, who is a felon, is living, ensure that he is not aware of its presence. This way, you will be saving trouble for both of you.
How to avoid being charged
Though it is not illegal, it is tricky for you to own a gun when your husband is a felon. In some cases, the prosecutor could argue that the felon has some sort of control over the gun since he is your husband. One of the best ways to keep off charges is to agree that you will not have the gun around. However, if you feel that you must have the gun, you can take some precautions which you must ensure that you follow to the letter to remain safe. For instance, you could ensure that you lock the gun in a safe in a way that your husband cannot access it. If possible, ensure that your husband never finds out about the presence of the gun in the house when he is still a convicted felon. Though hiding such a secret from your spouse is not a piece of cake, it is a good price to pay to avoid charges.
It is also advisable to consult an experienced attorney to advise on some of the ways through which you can avoid charges when you own a gun, and your husband is a felon.
Helping your husband restore the rights of owning a gun as a felon
One of the easiest ways to have a gun when your husband is a convicted felon is by restoring his rights of gun ownership. Ideally, restoring these rights can be a daunting task since a felon is banned from ever owning a gun by the federal law. Nevertheless, by following the state laws, it is possible for you to restore gun ownership rights and get to possess your gun without fear of going against the law.
Different states have different processes for felons to petition to the government and restore these rights. The level or chances of restoration will be affected by the kind of crime that had been committed. That is, whether it is a drug crime, crime of dishonesty, or a violent crime, among others.
Pardoning after a certain amount of years is also likely in most states. However, this is also not a walk in the park. One way through which the restoration can be done is by having the felon’s record expunged. The process, however, depends on whether the conviction was from the federal or state government. If the sentence was from a state court, then the process becomes easier.
On the other hand, if the conviction was from a federal court, there is an application procedure to be filled which is later sent to the U.S. Attorney’s office
Conditions to be met for a felon to restore the rights to own a gun
For your husband to restore his rights of owning a gun after being a convicted felon, there are some conditions that he must meet. It is important to ensure that he meets such conditions before making the application to increase his chances of getting the chance. Some of these are such as:
- He must not have been convicted with a forcible felony within the past 20 years
- He must have more than 20 years since the end of the incarceration of the felony.
- He must have a criminal history that shows that he will not act in a way that could be termed dangerous to the public
- The rights of restoring firearm ownership must not be considered contrary to the federal law or public interest
- In case your husband has a minor or nonviolent felony, it will be easier for him to go through the process. However, he will have to have lived a crimeless life for at least 20 years.
- Must have a record to show that they have lived a clean life for the past 20 years and have a stable and robust work history. He should also show that he has established strong community ties
- In case he is employed, it is wise to carry a recommendation letter from the employee
He could also consider getting a presidential pardon to restore the rights of owning firearms
Receiving a pardon
For one to receive a federal pardon, he must wait for at least five years from the time they finished their sentence. After this, they can contact the federal government and request for clemency. However, you should first seek legal advice to get information on how to go about this. In the appeal, he must state the reason to seek compassion and how a pardon will help accomplish it. Additionally, he will need to have some documentation such as a letter from licensing authorities and have a clean criminal record from the time of initial conviction.
To go through with this, he will also need to give three letters of recommendation from people who are not part of the immediate family. The application will be submitted to the governor or president. There will then be a government official who will decide on the request for clemency. In case the request to be pardoned is successful, he will be in a position to legally possess a gun. Keep in touch with a lawyer throughout the process to help you increase your chances of being successful.
When your husband is in the process of seeking a pardon or restoring rights to own a gun, it is advisable that you be there for him for as much as you can. It can be a difficult moment for them and, therefore, support from a spouse will be of much importance to them. Remember, if they get back this right, you will not only be in a position to keep your gun without the fear of facing any charges but also involve in some fun activities together such as hunting.
Are you allowed to have a gun in the same house with your husband, who is a felon and cannot own a firearm? This is a question mainly asked in the interest of evading any charges. Luckily, it is possible for you to keep the gun and still live with your husband. However, this will need you to be extra careful. Use the information above to guide you on what is expected of you when you own a gun and your husband is a felon.