HCP if living with a convicted felon?

[midtennchip]

I am a lawyer (sorry, vero1, I ruined it), so I guess I'll pitch in here. Even some convicted felons will regain their rights to possess guns if they have their civil rights restored. However, in the situation where the felon is still prohibited from possessing (as opposed to owning) a firearm, you have to be mindful of "constructive possession." Federal case law makes it clear that whether a felon has constructive possession of a firearm owned or possessed by a spouse (or other person) in the same household is a factual question to be determined by a jury. That is, the felon can be charged with possession, and then the jury will decide if the felon had constructive possession. Generally, constructive possesssion means the felon is aware of the presence of the firearm and he or she has the ability to exercise dominion and control over it.

So, does that mean that a spouse, family member, or roommate cannot have a firearm in the same household as a felon? NO. Would doing so subject the felon to further criminal charges? Possibly.

Although not specifically about the issue raised in this string, the following article by David Raybin (THE authority on criminal law in TN), will be interesting to a number of you, particularly regarding the restoration of civil rights.

http://library.findlaw.com/2003/Mar/1/189956.html

[Fallguy]

I am a lawyer (sorry, vero1, I ruined it), so I guess I'll pitch in here. Even some convicted felons will regain their rights to possess guns if they have their civil rights restored. However, in the situation where the felon is still prohibited from possessing (as opposed to owning) a firearm, you have to be mindful of "constructive possession." Federal case law makes it clear that whether a felon has constructive possession of a firearm owned or possessed by a spouse (or other person) in the same household is a factual question to be determined by a jury. That is, the felon can be charged with possession, and then the jury will decide if the felon had constructive possession. Generally, constructive possesssion means the felon is aware of the presence of the firearm and he or she has the ability to exercise dominion and control over it.

So, does that mean that a spouse, family member, or roommate cannot have a firearm in the same household as a felon? NO. Would doing so subject the felon to further criminal charges? Possibly.

Although not specifically about the issue raised in this string, the following article by David Raybin (THE authority on criminal law in TN), will be interesting to a number of you, particularly regarding the restoration of civil rights.

http://library.findlaw.com/2003/Mar/1/189956.html

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GREAT POST