gun ownership and a felony

[vandeman17]

Do any of you guys/gals know if it is true that a woman can't legally own a firearm if her husband has felony? I was just told that it can't even be in the house if there is a person in the house with a felony. 

[6x6in6]

Not sure, but I would have to guess it would boil down to the definition's of "possession" and "in control" in the WAC.  I guess I could understand if that would be the case living under the same roof.
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.040

[vandeman17]

The way I read it, she could own the gun but couldn't keep it in their residence. I wonder if it makes any difference that the felony was driving related... 

[BIGINNER]

The way I read it, she could own the gun but couldn't keep it in their residence. I wonder if it makes any difference that the felony was driving related... 

DUI?  MY BROTHER HAS SEVERAL DUI'S FROM WAY BACK.  AND HE JUST BOUGHT A NEW PISTOL.. WENT THROUGH THE WHOLE BACKGROUND CHECK AND EVERYTHING   

[vandeman17]

He tried to avoid the cops to avoid the DUI and ended up with a felony. 

[longknife]

I dont think the felon can live in any residence with a firearm. Its the the one that has the felony that is responsable to be away from all firearms. But, if he has 5 years with no charges, he can restor his rights, and posess firearms.
If the cops get called over there, he is getting charged with another felony, and it is a weapons violation, even if its her weapon.

[CAMPMEAT]

A lot of grey areas on this one. It will cost a bunch to restore your gun rights.

[Rick]

DUI?  MY BROTHER HAS SEVERAL DUI'S FROM WAY BACK.  AND HE JUST BOUGHT A NEW PISTOL.. WENT THROUGH THE WHOLE BACKGROUND CHECK AND EVERYTHING   

A DUI isn't neccessarily a felony.

[vandeman17]

A lot of grey areas on this one. It will cost a bunch to restore your gun rights.

I don't think they are as worried about him restoring it right now as much as her owning a handgun and somehow him getting busted.

[longknife]

A lot of grey areas on this one. It will cost a bunch to restore your gun rights.

$1500, the lawyer is in the game regs.

[CAMPMEAT]

Thank god it's not me.

[h2ofowlr]

All guns would have to be removed from the household.  If another family member has a gun in the same home they would be busted.  I would remove the guns.

[MikeWalking]

It was always my understanding a Felon could not be in the same house or vehicle with a gun

Best bet is to call a Lawyer.

[Desert_Fox]

While a ago, I was studying the CA Assault Weapon Ban, and stumbled on a hypothetical case about parents letting their felon son stays in their resident.

If I remember correctly, yes, you can have both: a felon and guns in your house. However, the felon must not have access to the gun and your house is subject to search without a warrant, and if the felon have access to the gun, the owner of the gun will be charge with felony.

Guns in a Department approved gun safe and make sure the felon has no way getting in is the only way to protect parents from prosecution.

[agchawk]

 A few of the folks here have already answered your question. A felon cannot be living in a residence with firearms, regardless of who's they are.

 I know this first hand. I have a relative that spent 8 years in prison for manslaughter (Bar fight gone very, very badly). After he got married his parol officer stopped by the house one day and discovered that his wife had a .22 LR that his WIFE OWNED prior to them getting married. He was arrested on this violation and spent an additional year behind bars for it.

[Caseyd]

While a ago, I was studying the CA Assault Weapon Ban, and stumbled on a hypothetical case about parents letting their felon son stays in their resident.

If I remember correctly, yes, you can have both: a felon and guns in your house. However, the felon must not have access to the gun and your house is subject to search without a warrant, and if the felon have access to the gun, the owner of the gun will be charge with felony.

Guns in a Department approved gun safe and make sure the felon has no way getting in is the only way to protect parents from prosecution.

My cousin is a felon and cannot poses a firearm, he now bowhunts. My aunt and uncle still hunt modern.

What you described above sounds exactly like their situation. He is not allowed access to the gun safes and is subject to random searches. I know that the cops have searched his room at least once to make sure all guns are in the safe etc

[littlemac]

A few of the folks here have already answered your question. A felon cannot be living in a residence with firearms, regardless of who's they are.

 I know this first hand. I have a relative that spent 8 years in prison for manslaughter (Bar fight gone very, very badly). After he got married his parol officer stopped by the house one day and discovered that his wife had a .22 LR that his WIFE OWNED prior to them getting married. He was arrested on this violation and spent an additional year behind bars for it.

as stated by many above

[Bofire]

 :)I do not know the state law but the federal law says a felon cannot be in "control" of a firearm.
Carl

"1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter."

here is what washington says. so I guess it comes down to defining "possession" and "control" I bet there have been cases that have set precedence for this definition.

[follow maggie]

A guy in Bremerton went back to prison for this exact situation last year.

[lawdog]

pretty sure it has to be violence related, i know you can also have your privelage revoked for certain recuring misdemeanors.