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can you guy a handgun if your spouse was convicted of a crime

3600

By 3600
in Handgun Carry and Self Defense

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3600

Posted
Posted
I was thinking of purchasing a gun, but my wife was convicted of a crime and sentenced to six months in jail. Does this now mean a gun cannot even be int the house? I was going to ask for more information but since I was here I thought I would ask here as well
 
 
me purchasing a gun has nothing to do with her crime or committing crimes
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Oh Shoot
Oh Shoot

Banks are not off limits unless posted like any other biz. If you must leave a firearm in the car, small lockable safe is easy, 25 clams or so.   Speaking as a single guy, I have no choice but to

Oh Shoot Postus Maximus

Oh Shoot

Posted
Posted

1. Was her crime indeed one that disqualifies her from possession?

 

2. If so, one or more of our attorneys have opined that a gun safe to which one spouse does not have access would suffice for legal possession by the other. If a carry gun, should be on you or in a safe (a small quick access one could serve for a nightstand gun).

 

- OS

Omega Postus Maximus

Omega

Posted
Posted (edited)
This has been discussed before, I think the consensus was that it would be OK. She, if a felon, just can't possess it. So keep it on you or lock it away if you leave it behind.

Edit: what he said☺ Edited by Omega
Oh Shoot Postus Maximus

Oh Shoot

Posted
Posted

I'm guessing that 6 months in the pokey is not a felony.

 

Could be. Actual sentence and max possible sentence often aren't the same.

 

- OS

Shepherd Master Established Contributor

Shepherd Master

Posted
Posted

When going into a bank or other I leave my gun with my wife ......you cannot. 

 

 

You must always maintain possession.....what a hassle. 

 

 

I'd also like to know what the conviction is. 

 

 

If I'm not mistaken domestic violence also precludes you from purchasing/possession for so many years. 

Oh Shoot Postus Maximus

Oh Shoot

Posted
Posted

When going into a bank or other I leave my gun with my wife ......you cannot.


Banks are not off limits unless posted like any other biz. If you must leave a firearm in the car, small lockable safe is easy, 25 clams or so.
 

You must always maintain possession.....what a hassle.


Speaking as a single guy, I have no choice but to "maintain possession" at all times, and don't see it as a hassle.
 

If I'm not mistaken domestic violence also precludes you from purchasing/possession for so many years.


Domestic violence conviction = forever.

- OS

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Wingshooter Postus Maximus

Wingshooter

Posted
Posted

When going into a bank or other I leave my gun with my wife ......you cannot. 
 
 
You must always maintain possession.....what a hassle. 
 
 
I'd also like to know what the conviction is. 
 
 
If I'm not mistaken domestic violence also precludes you from purchasing/possession for so many years.


I always carry mine in the bank
Shepherd Master Established Contributor

Shepherd Master

Posted
Posted

Banks are not off limits unless posted like any other biz. If you must leave a firearm in the car, small lockable safe is easy, 25 clams or so.
 


Speaking as a single guy, I have no choice but to "maintain possession" at all times, and don't see it as a hassle.
 


Domestic violence conviction = forever.

- OS

Just a habit..... PO or court house....banks too, I just leave it with her in the truck.

 

 

 

 

The hassle would be if he left it out while he ran to store or whatever, any gun at home or car.

DaveTN Postus Maximus

DaveTN

Posted
Posted

me purchasing a gun has nothing to do with her crime or committing crimes

No, but if she has constructive (or actual) possession of a gun it does.

Was the crime a felony, or the misdemeanor of domestic violence? Did she lose her gun rights? Does she has a probation or parole Officer; ask them.

If I’m not mistaken possession of a firearm by a convicted felon is mandatory prison time in this state.

For better or for worse.
cj0e Established Contributor

cj0e

Posted
Posted

Already read the previous thread, OP says is a Financial Crime.

 

 

OP, as long as you're not prohibited, you can buy. As to possession and storage after she is released - lawyer up.

K191145 Prolific Contributor

K191145

Posted
Posted

I know of a situation where a guy and his girlfriend, (no names or hints), convicted of felonies and served time, still on probation was living at his mothers house. She had a handgun put away from them. They were arrested again and the house searched. Because they were living in the home they were also charged with a gun crime. The mother wasn't charged. Certain situations, felonies and probation they can't live in a house with a gun in it.

Patton Prolific Contributor

Patton

Posted
Posted (edited)
I have never seen it be a problem even when we contacted the ATF to pursue charges on someone being in a home with someone else's firearm. Edited by Patton
DaveTN Postus Maximus

DaveTN

Posted
Posted

I have never seen it be a problem even when we contacted the ATF to pursue charges on someone being in a home with someone else's firearm.

Why would you contact the ATF? Wouldn’t your DA make that call?
Patton Prolific Contributor

Patton

Posted
Posted (edited)

Why would you contact the ATF? Wouldn’t your DA make that call?

Is that what you guys do? Now that I think about it, I have no clue why we couldn't have.
Ok, I asked, we could have taken it to the US Attorney's Office but not our District Attorney's Office. Federal crime requires a federal prosecutor. Is it not that way up your direction? Edited by Patton
DaveTN Postus Maximus

DaveTN

Posted
Posted (edited)

Is that what you guys do? Now that I think about it, I have no clue why we couldn't have.
Ok, I asked, we could have taken it to the US Attorney's Office but not our District Attorney's Office. Federal crime requires a federal prosecutor. Is it not that way up your direction?

I haven’t been a cop in many years, and it wasn’t in this state. I would think you would charge them under state charges, not Federal (although they could be charged either way). I was just surprised by your response about contacting the ATF. I wouldn’t think they would have anything to do with it unless you had questions about the weapon they were in possession of?

If I’m not mistaken Tennessee State law is tougher on felons in possession that federal law, but I could be wrong about that. I thought I read that Tennessee had made that mandatory prison time. Edited by DaveTN
Oh Shoot Postus Maximus

Oh Shoot

Posted
Posted (edited)

.....

If I’m not mistaken Tennessee State law is tougher on felons in possession that federal law, but I could be wrong about that...

 

I'd say you are, since unlike federal law,  all felons are not banned from possession of long guns in TN, only one who:

 

- Has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon; or

- Has been convicted of a felony drug offense.

 

Only handguns are verboten for all felons.

 

And btw, we don't know for sure the lady in question here was indeed convicted of a felony?

 

- OS

Edited by Oh Shoot
DaveTN Postus Maximus

DaveTN

Posted
Posted

I'd say you are, since unlike federal law,  all felons are not banned from possession of long guns in TN, only one who:
 
- Has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon; or
- Has been convicted of a felony drug offense.
 
Only handguns are verboten for all felons.

I wasn’t nit picking about who and who does not lose their gun rights. I just seem to remember something about Tennessee passing legislation that those who are convicted of felon in possession do mandatory time. Meaning that both of them might want to be real sure of what the situation is before he brings a gun in the house.
 

And btw, we don't know for sure the lady in question here was indeed convicted of a felony?

Then it’s a non-issue. I think we all addressed that.
A woman with a clean record doing six months on her first misdemeanor arrest? Possible; but not likely.
Oh Shoot Postus Maximus

Oh Shoot

Posted
Posted (edited)

....
A woman with a clean record doing six months on her first misdemeanor arrest? Possible; but not likely.

 

As you surely know, felonies are often pled down to 'meanors, along with more than the average slap if the 'meanor had been the original charge.

 

And of course repeat convictions of the same 'meanor often get a proportionally bigger slap, or similar for multiple counts of the same or different 'meanors all pled into one. We just don't know the facts.

 

-  OS

Edited by Oh Shoot
  • 5 weeks later...
teecro Established Contributor

teecro

Posted
Posted

Or 3600 is a member of more than one forum and asked the same question hoping to get more in depth answers.

 

Yes but asking the same questions over a 2 year period with an IP address traced back to Oakland University.

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