Owning a Firearm with Convicted Felon in House

The Code of Virginia is not preemptible by local statute

Owning a Firearm with Convicted Felon in House

Postby Rukus » Thu, 21 Jan 2010 18:15:06

I am having problems finding the actual laws regarding owning a firearm in the same household as a spouse who is a convicted felon, and currently on a suspended sentence / probation. I know the right bear arms has not been taken from the individual who has not been convicted of a felony, but would the spouse be in violation of the law by residing under the same roof, and are there any regulations if a gun is allowed under the same roof. Or is the law as long as the Felon never physically posseses the firearm, are they comlying with the law. I know the penalty can be rather steep for a felon caught posessing a firearm, which is one reason I'm surprised it has been difficult to find this information. Everything I have found has contradicted other sources, and nothing has pointed to actual Virginia or Federal gun laws.


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Re: Owning a Firearm with Convicted Felon in House

Postby zephyp » Thu, 21 Jan 2010 18:27:18

IANAL and dont have references for code or laws but would highly recommend you have a safe where the firearm can be locked and secured when not under your direct physical control - just for a CYA. Proshooter is probably a good guy to weigh in on specifics.

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Re: Owning a Firearm with Convicted Felon in House

Postby allingeneral » Thu, 21 Jan 2010 18:41:18

Hi Rukus. Welcome aboard.

That is a really good question to which I don't immediately know the answer. Hopefully someone will chime in, but I'll also do some digging and see what I can find.
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Re: Owning a Firearm with Convicted Felon in House

Postby Vahunter » Thu, 21 Jan 2010 18:57:40

I don't have a code either but DK hit the nail on the head. The firearm has to be locked up and secured. That's what I heard a few years ago.


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Re: Owning a Firearm with Convicted Felon in House

Postby allingeneral » Thu, 21 Jan 2010 19:17:03

After a bit of reading, I have to agree with DK and Vahunter that as long as you maintain total control of them in a gun safe to which only you have a key, you should be OK - or if the firearm is "Under your control" - i.e., in your waistband holster, etc.

One thing that can put a kink in it is if the felon is on parole or probation and conditions of the parole or probation is that no firearms will reside in the home with him.

If the police enter your home for any reason and they know that there is a felon in the home and they see a firearm on a bedside table or a kitchen counter, then you're hosed. Positive control at all times is the key.

There will be no law to cite beyond federal law which prohibits possession of firearms and ammunition to a felon.

Federal Law (18 USC 922) says:

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

<snip>

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
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Re: Owning a Firearm with Convicted Felon in House

Postby allingeneral » Thu, 21 Jan 2010 19:22:25

BTW - IANAL. If you want real advice on this, I would suggest you check the VCDL "Gun Friendly Lawyers" list and pay a $200 consultation fee to sit down and discuss the matter with one of them.
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Re: Owning a Firearm with Convicted Felon in House

Postby Hephaestus » Thu, 21 Jan 2010 23:03:08

allingeneral wrote:...
One thing that can put a kink in it is if the felon is on parole or probation and conditions of the parole or probation is that no firearms will reside in the home with him.
...


Why does it have to be "him" that has the felony? Maybe she went all Carrie Underwood on her ex's truck :pistol: and and got a felony charge. Chicks can be crazy you know.


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Re: Owning a Firearm with Convicted Felon in House

Postby allingeneral » Thu, 21 Jan 2010 23:09:56

Hephaestus wrote:
allingeneral wrote:...
One thing that can put a kink in it is if the felon is on parole or probation and conditions of the parole or probation is that no firearms will reside in the home with him.
...


Why does it have to be "him" that has the felony? Maybe she went all Carrie Underwood on her ex's truck :pistol: and and got a felony charge. Chicks can be crazy you know.


Good point that I thought about as I wrote, but I don't feel the need to be politically correct here and the term "He" is generic enough in my mind to imply "She" as well. But that's just me :)
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Re: Owning a Firearm with Convicted Felon in House

Postby Hephaestus » Thu, 21 Jan 2010 23:33:50

Just giving you a hard time because that is what i do. Although us guys get blamed for enough stuff. We gotta cover ourselves. :)


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Re: Owning a Firearm with Convicted Felon in House

Postby allingeneral » Fri, 22 Jan 2010 00:09:49

Hephaestus wrote:Just giving you a hard time because that is what i do.


I've got no problem with that :thumbsup:
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Re: Owning a Firearm with Convicted Felon in House

Postby FordTek » Fri, 22 Jan 2010 01:42:16

I had a similar situation four or five years ago when the person, a girl, I was dating was a felon. I kept a concealed firearm on me most of the time, and had them in my home. I talked to a state trooper about it. After getting the quick "company you keep" lecture he informed me that I had to maintain positive control of the firearm at all times. If it was in the car, I couldn't leave her and the firearm in the car at the same time. In the house they had to be locked up in a location only I had access to.

The biggest concern I had was how I could prove I maintained positive control in my home. Even with the firearm locked away, if she were in my home with my guns how could I prove she couldn't access them? It wasn't worth the hassle, so she had to go....lol.

This wasn't exactly legal advice, and was about my specific situation. So take it for what it's worth.


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Re: Owning a Firearm with Convicted Felon in House

Postby Virginia2AM » Fri, 29 Jan 2010 11:33:19

just my thoughts after reading this: was that girl in the last post a felon for a crime committed with use of a firearm? Same question goes to the original poster.

As far as I know, you can get felony for non-violent or non-gun related crime. That's why their is a hope to fix the problem in the law so that non-violent felons -after certain time have past and legal process done - will be allowed to vote and own firearms.

So the state trooper's lecture was not warranted, unless it was gun-related felony of course.


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Re: Owning a Firearm with Convicted Felon in House

Postby BluemontGlock » Fri, 29 Jan 2010 12:42:33

VA2AM,

If you are a convicted felon, you would have to petition the courts for those rights to be returned to you...weather your felony was gun related or not...

I was a direct party to this situation a decade ago (and the laws may have changed since then as IANAL) and the person in question got his right to vote re-instated but not his RTKBA...and it was no small investment of time and money to do so...

and his felony was not firearm related at all,,, white collar stuff...

So, I would not be adverse to haveing the option of re-instatement of rights for convicted felons, but only after careful review and a proven history of jumping back in for the big win on a citizen scale...

IMHO, Most (not all) felonies are felonies for a good reason...
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Re: Owning a Firearm with Convicted Felon in House

Postby Virginia2AM » Fri, 29 Jan 2010 14:38:01

Sorry, I dont get it. to deny a person a righ for self-defense for a white collar crime? you make a financial crime/fraud/other mistake - and you get punished with no chance to protect your life? or, like in your situation, spend your time and money and lots of it to fix the problem - I know that would be hard for me to afford. What if you are a parent (a non violent felon) and your child is being attacked or kidnapped in front of you? Would you want that person to be defenseless? oh, well, the police will come out and investigate who did it, and hopefully find your child's body 3 months later in a ditch. Good enough?
Com'on, if person is not violent, the process should be made more easy and reasonable. yes, take the time , and have your co-workers and neighbors and sherriff comment on your behavior, etc, but dont punish the person by taking RTKBA for too long - you never know when a criminal will pick that person for a target.


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Re: Owning a Firearm with Convicted Felon in House

Postby allingeneral » Fri, 29 Jan 2010 14:49:47

Virginia2AM wrote:Sorry, I dont get it. to deny a person a righ for self-defense for a white collar crime? you make a financial crime/fraud/other mistake - and you get punished with no chance to protect your life?


My opinion is that it has much to do with the character of a person and the choices that a person makes in their life. If someone makes a choice to swindle people out of money or any other sort of "white collar" crime, then their character is immediately called into question. And that's the entire reasoning behind disallowing felons from owning or handling a firearm - generally speaking, they have a flawed character, as evidenced by previous decisions in their life. What's to prevent them from making a flawed decision with a firearm?

I just re-read this post and it almost makes me sound like a libtard. I'm sorry guys and gals. I just don't think there's any such thing as an "Ex-Felon". Once a felon, always a felon.
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Re: Owning a Firearm with Convicted Felon in House

Postby Virginia2AM » Fri, 29 Jan 2010 15:10:22

allingeneral wrote:
Virginia2AM wrote:Sorry, I dont get it. to deny a person a righ for self-defense for a white collar crime? you make a financial crime/fraud/other mistake - and you get punished with no chance to protect your life?


I just don't think there's any such thing as an "Ex-Felon". Once a felon, always a felon.


That's like saying , "once you cheated on your spouse always a cheater", - how would you like to be denied a chance to make it up to your wife or husband , not given a forgiveness?

"once a drunker always a drunker" - you give a person no chance or good purpose to rehabilitate himself? you never seen a person go through AA and never drink again?


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Re: Owning a Firearm with Convicted Felon in House

Postby allingeneral » Fri, 29 Jan 2010 15:15:42

Virginia2AM wrote:
allingeneral wrote:
Virginia2AM wrote:Sorry, I dont get it. to deny a person a righ for self-defense for a white collar crime? you make a financial crime/fraud/other mistake - and you get punished with no chance to protect your life?


I just don't think there's any such thing as an "Ex-Felon". Once a felon, always a felon.


That's like saying , "once you cheated on your spouse always a cheater", - how would you like to be denied a chance to make it up to your wife or husband , not given a forgiveness?

"once a drunker always a drunker" - you give a person no chance or good purpose to rehabilitate himself? you never seen a person go through AA and never drink again?


You make a good point worth some thought... It's a tough one, to be sure - whichever side of the argument you choose.
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Re: Owning a Firearm with Convicted Felon in House

Postby BluemontGlock » Fri, 29 Jan 2010 16:04:39

VA2A,

In response to

"What if you are a parent (a non violent felon) and your child is being attacked or kidnapped in front of you? Would you want that person to be defenseless? oh, well, the police will come out and investigate who did it, and hopefully find your child's body 3 months later in a ditch. Good enough?""

NO, not good enough...

Below is a response to a simlier question I sent on Jan 20, in the Va Firearm laws thread of Albert shank. It is not specifically regarding handling a firearm if you are a convicted felon, but my answer would be about the same...

"PERSONALLY, my answer to your question, is that I will use anything at my disposal, legal or otherwise, if my life or that of my family, is -HONESTLY- threatened...not smak talking, not anger in traffic, not cut in line at the burger joint and and is a drunk ass besides, that is just annoying and bad form, I am talking real risk of life and limb...then it is no holds barred. period."

and if i were a felon, ( I am not ) and my child was threatened, i do not care what the "law" is...I will protect my own, until i succeed, fall, or both.

for your comments...
" That's like saying , "once you cheated on your spouse always a cheater", - how would you like to be denied a chance to make it up to your wife or husband , not given a forgiveness?

"once a drunker always a drunker" - you give a person no chance or good purpose to rehabilitate himself? you never seen a person go through AA and never drink again?"

I can see your point, but i can also see opposing views on that...
such as the fact, that you can "make it up to your spouse"...but it doesn't change the fact of the initial infraction...forgivness does not remove or re-write history. I have given forgiveness, and yet it has not diminished my memory...and from my background, a common theme is "Lest we forget"...

I have personal friends that have succesfully been through AA (thank god, as i feel it is the only reason they are still with us) and are alcohol free (one for over 10 years) and he will be the first one to tell you he is still an addict, he just has learned how to cope and ignore the urge to put himself in a position to drink...

and both of these are specific examples, and not always the norm, which leads me to agree with you, but cautiously...

as I do believe in redemption, but i also WHOLLY endorse and try my dammdest to follow the golden rule, and the ideals of an American citizen. I also believe that you can take corrective action, the key word being "YOU"...that type of change has got to come from with in...and shown by actions... not words saying "i promise i won't do that again..."
instead, give it 5 years and lets see if they can keep their nose clean...but i also want to see some credit given for those who take the high road and do the right thing and make sacrifices to be lawful and a good citizen and not take the short cuts and easy way out...

as a society, we refer to that collectively as "social resposibility" and i am not opposed to re-instatements of rights, but more so, I want any effort in that arena to goto scuring clear firearm laws and rights for the "Socially Responsilble" citizens first...and then we can go from there...

bottom line is:
Protect yourself. protect your family, if you are in the right, it will come to light...

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Re: Owning a Firearm with Convicted Felon in House

Postby Jakeiscrazy » Tue, 23 Oct 2012 02:06:50

allingeneral wrote:
Virginia2AM wrote:Sorry, I dont get it. to deny a person a righ for self-defense for a white collar crime? you make a financial crime/fraud/other mistake - and you get punished with no chance to protect your life?


My opinion is that it has much to do with the character of a person and the choices that a person makes in their life. If someone makes a choice to swindle people out of money or any other sort of "white collar" crime, then their character is immediately called into question. And that's the entire reasoning behind disallowing felons from owning or handling a firearm - generally speaking, they have a flawed character, as evidenced by previous decisions in their life. What's to prevent them from making a flawed decision with a firearm?

I just re-read this post and it almost makes me sound like a libtard. I'm sorry guys and gals. I just don't think there's any such thing as an "Ex-Felon". Once a felon, always a felon.

+1 If you really have redeemed yourself then spend the time on getting your rights restored and proving you've really changed.
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Re: Owning a Firearm with Convicted Felon in House

Postby zerodown1 » Fri, 26 Oct 2012 19:57:57

I had a student who's husband was a convicted felon and she asked if she could still get her CHP and keep a firearm in her house ( where the felon lived too I might add). I called the Virginia State Police help line and the person who mans that phone told me that because her husband was a felon, it didn't interfere with her Constitutional right to own a gun. There are however issues with storage, accessability, etc. They could both be crimminally charged if he had access to the firearm. For instance, she needs her gun in the middle of the night for protection when someone breaks into their home.A fight ensues, she is wounded,taken out of the fight and drops the gun. The bad guy still there and intent on carrying out his crime now with only her husband ( the felon) between them. With the gun now accessable to him to solve this problem or be killed along with her, is he in violation if he uses the gun for their defense? And is she in violation for making the gun accessable to a felon? There is alot of gray area in this situation. I would avoid it if I could, there is a mine field of problems that go along with it and could land you both in jail. So the answer is no, it's not illegal as long as all the laws are followed, but it very easily could be.
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