Spouse is a Felon

[daave200]

Good Evening y'all, this is my first post and I need an answer from you all.

I am currently dating a very nice girl who got caught up with the wrong crowd and has a felony conviction in the state of Massachusetts. Hypothetically speaking, if i were to marry her... what happens to my guns? Can I keep them in a locked safe with her having 0 access to? Also, is it lawful for me to take her to the shooting range and have her shoot?

[trailrunner]

IANAL!

Here's my understanding of this:

Yes, you can own guns, but with some important things to consider. You should have a bulletproof way of ensuring that she has no access to the guns. That would mean a combination that only you know and an overabundance of caution. There are probably a multitude of other practical considerations that you should think through.

As far as taking her to the range - that's not allowed. She is not allowed to possess a gun. If she shoots the gun, she holds the gun, and if she holds the gun, she is in possession. That's pretty black and white.

Standard caveat: Don't trust legal advice you get from strangers on the internet!

IANAL!

[Jakeiscrazy]

IANAL!

Here's my understanding of this:

Yes, you can own guns, but with some important things to consider. You should have a bulletproof way of ensuring that she has no access to the guns. That would mean a combination that only you know and an overabundance of caution. There are probably a multitude of other practical considerations that you should think through.

As far as taking her to the range - that's not allowed. She is not allowed to possess a gun. If she shoots the gun, she holds the gun, and if she holds the gun, she is in possession. That's pretty black and white.

Standard caveat: Don't trust legal advice you get from strangers on the internet!

IANAL!

+1 There is a rights restoration processes. I recommend you guys look into them. If she's stayed out of trouble for a while there may be hope but I don't know much about it to be honest.

[SHMIV]

Yeah, definitely look into having her rights restored. Probably be expensive, but less hassle, in the long run.

[ Post made via Mobile Device ]

[Viper21]

Yeah, definitely look into having her rights restored. Probably be expensive, but less hassle, in the long run.

^this.

Most states have a process or method for expungement, & or restoration of rights. Obviously each state is different. You'd have to look into the state of the conviction.

The execption would be if it was a federal conviction. With a federal felony conviction, the only way would be a presidential pardon.

[MarcSpaz]

I too am not a lawyer... but have to agree with the others. Look into "rights restoration". I have a family member who went through it in Florida. It cost him $50,000. Money well spent since his ability to earn money in a good paying job is now an option. Not to mention voting and firearms ownership rights.

I was a firearms owner while I lived with a convicted felon. It can be tricky as felons can not legally be in possession of any firearms. If you knowingly provide a firearm or access to a firearm to a known felon, you too are now guilty of committing a felony and can loose your rights and freedom.

Basically, in my humble opinion, that means it doesn't matter if it is you mother, father, daughter, son, spouse or stranger... in your home, at the range or anywhere else... arming a felon is arming a felon.

[jdonovan]

Can I keep them in a locked safe with her having 0 access to? Also, is it lawful for me to take her to the shooting range and have her shoot?

No access to guns ever, at any time. Period.

A felony for her, AND a felony for you for providing the gun.

Easy access is viewed the same as possession. Leave it in a dresser drawer, she is in 'constructive possession' .

Oh and Virginia has some interesting just being near it is a crime laws regarding some firearms...look up 18.2-292

[allingeneral]

Oh and Virginia has some interesting just being near it is a crime laws regarding some firearms...look up 18.2-292

Seems like that's applicable to machine guns only.

§ 18.2-292. Presence prima facie evidence of use.

The presence of a machine gun in any room, boat or vehicle shall be prima facie evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle where the weapon is found.

[jdonovan]

Seems like that's applicable to machine guns only.

correct, but wanted to mention that...because if the wife accompanies him to a range, and doens't shoot, or touch a gun, but someone else on the range has a MG... she is committing a crime just by being in the same place.

ridiculous I know, but it is the law, and you can get jammed up by it.

[allingeneral]

Seems like that's applicable to machine guns only.

correct, but wanted to mention that...because if the wife accompanies him to a range, and doens't shoot, or touch a gun, but someone else on the range has a MG... she is committing a crime just by being in the same place.

ridiculous I know, but it is the law, and you can get jammed up by it.

Ohh - I see what you're saying, now. I missed that point the first time around.

[Snakester]

This is a situation that YOU need to get ALL the correct answers while she is your GF and before she is your SPOUSE ! About 15 years ago a Man that worked for me had the EXACT same story. One day his "GF" took his truck ( without asking and had NO drivers license ) ...just to the 7-11....rear ended a school bus and the Police found "HIS" loaded Revolver under the seat. I don't know all that happened to her , but Bill spent a lot of $$$ and several days in court. He later told me that he knew he was going to lose everything he had before this was completely settled . So , be VERY careful out there ! to the Forum !!!

[lizjimbo]

She needs to look to Massachusetts law to see about having her political disabilities removed. She must have the right to vote, serve on a jury, hold public office, and be a notary public restored by the governor of Massachusetts. She need not tell the governor of MA that she wants to get her firearm rights restored. Once that is granted she can petition the circuit court of the county she resides in to grant permission to possess, purchase, and transport any firearm lawful in Virginia. This is important that the court does not give her permission for only a shotgun or rifle. The lawyer needs to make sure that all firearms (absent class 3 of course) are included in the motion. If there is any kind of restriction then federal law will still consider her as being disqualified from owning a firearm.

This might be a place to start

http://www.nacdl.org/uploadedFiles/file ... arr_ma.pdf