Felony in California

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Latest post Wed, Jun 22 2016 7:15 PM by Ford. 6 replies.
  • Mon, Jun 13 2016 3:37 PM

    • purr
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    Felony in California

    It is my understanding a felon cannot have a firearm.  My husband was convicted of a felony and did his time.  He was released many years ago (1989).  My son has applied for a firearms permit as he wants to be an armed guard.  He has attended many classes for his security guard license.  Can my son have a firearm in the house even though my husband is a convicted felon

  • Mon, Jun 13 2016 5:50 PM In reply to

    • Ford
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    Re: Felony in California

    If your son keeps the firearm in his own room, locked in a gun safe which your husband has no access to, your husband wouldn't seem to be in violation of any federal law.  If your son leaves the handgun in the coffee table right next to where your husband watches football games, that's a bigger problem.  In between those situations are a million other possible fact patterns.

    No federal law that I know of prohibits your husband from being in the same home as the firearm - POSSESSION is the problem.  "Normal" possession is when you have the thing on you.  However, under the law, possession can also be as simple as knowledge of the item and the ability or intent to control it.

    California has its own restrictions on firearms, but I don't know of any state that would prohibit "being in the same house" or "being within 100 feet" of a firearm.

    The dealer you son purchases his handgun from is likely familiar with the relevant laws.  Doesn't make him an attorney, but he may be able to provide some guidance short of getting an opinion from an attorney.

    My suspicion is that security guard classes do not teach proper handling of firearms and the laws regarding lawful use of firearms.  I suspect that is required for the carry permit, however.

    Moreover, he CANNOT have it if you tell him it isn't a good idea right now.  The firearms "climate" is about to get very, very cold.  Why have your husband risk a problem?

    Given the year you cited, your husband is likely not on parole.  If he somehow IS on parole, this is a big NOPE.  Do NOT bring a firearm into your home.

  • Tue, Jun 14 2016 12:00 PM In reply to

    Re: Felony in California

    Welcome back Ford. It's been a long time since we've had the benefit of your participation here.

  • Tue, Jun 14 2016 3:37 PM In reply to

    • purr
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    Re: Felony in California

    My husband is not on parole.

  • Tue, Jun 14 2016 5:00 PM In reply to

    Re: Felony in California

    purr:
    My husband is not on parole

    It doesn't matter.  Federal law prohibits anyone with a felony conviction from owning, possessing or purchasing a firearm.  The ban is for life and "possession" is not limited to actually having it in your hand.  Access and/or right to control will suffice.

  • Wed, Jun 15 2016 12:51 AM In reply to

    Re: Felony in California

    JamyeP:
    It doesn't matter. 

    Well, it could matter. If he was on parole, then it's possible just being in the same home with someone else who has a gun would be problem for him even if the possession by that other resident would not violate the federal or state law prohibiting possession of a firearm by a felon. A lot would depend on the specific terms of parole. But as the OP's husband is not on parole that is at least one problem she doesn't have to worry about.

  • Wed, Jun 22 2016 7:15 PM In reply to

    • Ford
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    Re: Felony in California

    Thank you.  I stoppped by a couple times in the intervening years, but the boards clearly are not what they were back in the day.  Good to see familiar handles, however.

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