Convicted Felons and firearms

[Tinelement]

Pretty sure most convicted felons have a firearm.


Squeaky clean or not.


Choose your battles.

[pickenup]

foxtrot got it.

My questions are if they marry can he keep his firearms If so do they have locked up so she can't access.

This question has been brought up a number of times over the years, on a different forum.
So I wrote to the BATF about it a few years ago.
My question concerned a husband and wife, one of them being a felon, and having firearms in the home.
This was their reply.

Thank you for your inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). We apologize for our delay in responding. For information on prohibited persons of firearms or ammunition, go to the Gun Control Act, 18 U.S.C., Chapter 44, Section 922(g). Additionally, 18 U.S.C., Chapter 44, Section 922(d))

it is unlawful for any person to sell or otherwise dispose of any firearm or ammunition to a person who is known by that person to be prohibited. Therefore, the firearms or ammunition should not be accessible in any way to the prohibited person, no matter what relation is held. It is suggested that the firearms not be stored in the same house or domicile of the prohibited person, and would include preventing the prohibited person access to any keys associated with the storage or operation of the firearms or ammunition.

As you can see, it is only SUGGESTED that they be stored elsewhere. You can have them in the same house, as long as they are NOT ACCESSIBLE by the felon in any way.

Shooting them is DEFINITELY being in possession. Big no no.

[gnihcraes]

Shouldn't be an issue unless she is monitored/reporting to probation or parole. If all clear of those, then having them in the home shouldn't be an issue unless the PD is called for a disturbance etc.

Possession/using as stated by others is a different issue.

Don't get married, house in your name. Live together.

[spyder]

Shouldn't be an issue unless she is monitored/reporting to probation or parole. If all clear of those, then having them in the home shouldn't be an issue unless the PD is called for a disturbance etc.

Possession/using as stated by others is a different issue.

Don't get married, house in your name. Live together.

Hahahahaha that is the perfect out... No, I'm not putting off marying you honey, it's just that you're a felon and if we want to be able to live safely with the protection of a firearm, we just can't be married.....

[Irving]

Spyder, I know lots of people who have completely clean records that I don't want to have access to firearms.

[Storm]

With regards to felons possessing firearms in Colorado, I think it's a bad idea for the owner of said firearms (as well as the felon).

There's this story (12 years old), in which a female felon on parole posed for pictures while holding firearms. It didn't work out well for her and I believe the legal owner lost his firearms.

http://www.westword.com/2003-02-13/news/bull-s-eyeful/


Also, there was another story a few years ago (in another state) where a man's son/step-son, who was an ex-felon, was residing at his residence. The father legally owned a number of guns that were locked up in a (metal) gun cabinet. The BATFE found out and raided the residence and confiscated the man's guns. I don't recall what happened to the son/step-son. Sorry I don't have a link for this story.

[Bailey Guns]

It's not quite as black and white as some of you guys are trying to make it...at least on a state level, in Colorado.

On a STATE level previous offenders charged with POWPO (Possession of a Weapon by a Previous Offender CRS 18-12-108) can raise an affirmative defense (which requires the prosecution to prove is not a valid defense beyond a reasonable doubt) the weapon was possessed for the purpose of defense of self or property. There's a standard jury instruction which is read at trial and, apparently, this can really complicate things for the prosecution.

There is also a time limit of 10 years, I believe, from the time the previous offender was completely released from his/her sentence. If it's been longer than 10 years, it usually isn't charged. (Don't quote me on this part...it's been a while since I was involved in this)

It's also REALLY rare for the feds to jump in and charge someone who's been arrested for only state charges, including the POWPO charge. The BATFE doesn't automatically charge felons with a federal violation every time someone is arrested for this...as a matter of fact, they rarely do.

There's a good article here involving a very recent POWPO case: The Volokh Conspiracy

[spqrzilla]

The problem is that "Don't worry its seldom charged" is not legal advice, its wishful thinking.

[Sixgun]

Does said women have fake boobs? I know it doesn't matter just curious.
If she has plenty of money make her buy you a separate house( your man cave) and one house where you both could live. If she's hot, cool, money and fake boobs I put up with it. .

[Bailey Guns]

The problem is that "Don't worry its seldom charged" is not legal advice, its wishful thinking.

Wasn't meant to be legal advice and I never said, "Don't worry...". It was meant as an observation of someone who worked on that side of the system for 15 years.

I would hope someone looking for legal advice wouldn't look to a gun forum first.

Also, if you had carefully read the post, you'd have seen I said it's rarely charged by the feds when someone is arrested on state charges. If you were referring to the part where I said it "usually isn't charged" I also gave a disclaimer about that, too.