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I am not a felon and want a gun, but...

Posted: Tue, 14 Feb 2012 09:05:40
by Katyusha
my other half is, unfortunately.

I tried to do a search on this topic and nothing came up that really answered my question.

Am I allowed to own a firearm and keep it in my house if a felon lives there?

He also seems to be under the impression (I think he's extremely misguided, but correct me if I'm wrong) that he can shoot a firearm as long he's in the presence of someone who is not a felon. That's the silliest thing I've ever heard, but any input would be appreciated :)

Re: I am not a felon and want a gun, but...

Posted: Tue, 14 Feb 2012 09:28:11
by ProShooter
First off, he cannot shoot a gun. As a felon, he is not allowed to be in posession of a firearm, period. (unless his gun rights have been restored).

You need to contact Mark Matthews, of the http://www.thematthewslawgroup.com. He's your answer man here.

Re: I am not a felon and want a gun, but...

Posted: Tue, 14 Feb 2012 09:36:55
by OakRidgeStars
Katyusha wrote:That's the silliest thing I've ever heard...
Agreed.

ProShooter's advice is spot on. Having his rights restored is the only way you can legally have a firearm in your home.

Re: I am not a felon and want a gun, but...

Posted: Tue, 14 Feb 2012 09:43:21
by Katyusha
Thank you so much! And thanks for the lead, ProShooter :)

Re: I am not a felon and want a gun, but...

Posted: Tue, 14 Feb 2012 11:48:53
by Katyusha
I contacted Mark, but he requires a sit-down consultation for $100; for some reason I thought this was a black or white issue. Either I can own a firearm while living with a felon or not.

I guess it doesn't work that way. I don't understand why he can't just tell me yes or no, but if that's the way it is, then that's the way it is.

No firearm for me :)

Thanks again for your input :)

Re: I am not a felon and want a gun, but...

Posted: Tue, 14 Feb 2012 12:43:52
by allingeneral
Katyusha wrote:I contacted Mark, but he requires a sit-down consultation for $100; for some reason I thought this was a black or white issue. Either I can own a firearm while living with a felon or not.

I guess it doesn't work that way. I don't understand why he can't just tell me yes or no, but if that's the way it is, then that's the way it is.

No firearm for me :)

Thanks again for your input :)
Seems to me that a hundred bucks is a small price to pay for a clear understanding of the issue.

You might try contacting Dan Hawes at the following link. He may give you a few minutes of over the phone discussion.

http://virginialegaldefense.com/

Re: I am not a felon and want a gun, but...

Posted: Tue, 14 Feb 2012 13:45:53
by Tazguy04
I am pretty sure you can have a gun but it must remain locked up and the felon cannot have access to the gun , I cannot find the code for it but you have to maintain complete control of the gun. You might try calling your local court house and speak to a clerk.

Re: I am not a felon and want a gun, but...

Posted: Tue, 14 Feb 2012 14:38:27
by Katyusha
Allingeneral, you are absolutely right - $100 is a small price to pay.
But, it's not that important right now that I have a firearm. Currently, I don't feel it necessary to pay fees to attorneys when I just have a simple question; it's just not that pressing.

Thank you for your input :)

Re: I am not a felon and want a gun, but...

Posted: Tue, 14 Feb 2012 14:44:43
by dorminWS
No offense, but if other half already thinks it's OK for you to have a gun and him to shoot it, you're probably better off not having one in the house anyway. Sounds like you may be asking for trouble.

Re: I am not a felon and want a gun, but...

Posted: Tue, 14 Feb 2012 15:08:01
by Katyusha
dorminWS wrote:No offense, but if other half already thinks it's OK for you to have a gun and him to shoot it, you're probably better off not having one in the house anyway. Sounds like you may be asking for trouble.
You know what? I totally agree with you. He's clearly misinformed, but either way - I agree with you.

Re: I am not a felon and want a gun, but...

Posted: Tue, 14 Feb 2012 21:53:50
by SHMIV
Katyusha wrote:
dorminWS wrote:No offense, but if other half already thinks it's OK for you to have a gun and him to shoot it, you're probably better off not having one in the house anyway. Sounds like you may be asking for trouble.
You know what? I totally agree with you. He's clearly misinformed, but either way - I agree with you.
I agree with this, too.

If you do find a clear and concise answer to your question(or any answer, at all, for that matter), let us know. I've had one or two girlfriends, in the past, that were convicted felons, and had wondered the same thing.

Re: I am not a felon and want a gun, but...

Posted: Tue, 14 Feb 2012 22:26:42
by ProShooter
$100 for an attorney to give you some peace of mind is a small price to pay.

Re: I am not a felon and want a gun, but...

Posted: Tue, 14 Feb 2012 23:42:00
by jdonovan
Katyusha wrote:Currently, I don't feel it necessary to pay fees to attorneys when I just have a simple question; it's just not that pressing.
But it is not just a simple question.

The answer is yes you can own one, but there are SIGNIFICANT burdens on storage and handling that a simple yes/no answer would not give you. By the time your done asking/answering a few questions that attorney has spent a bit of time with you and their time IS worth money.

Your other half is VERY wrong about shooting. He may not touch/hold/possess a firearm. Depending on the situations, being close to one might be enough to be a crime. Felon with a firearm is one of the charges that judges seem to have even less sympathy about that reasons why.

Re: I am not a felon and want a gun, but...

Posted: Wed, 15 Feb 2012 08:31:43
by Katyusha
Understood.

Thanks for your input, jdonovan.

Re: I am not a felon and want a gun, but...

Posted: Wed, 15 Feb 2012 08:51:00
by BW1911
This thread exemplifies VGOF at its best. Honest question on a very serious topic, great information, to the point without getting into philosophical tangents. Well worth the read this morning... thanks to all! :clap:

Re: I am not a felon and want a gun, but...

Posted: Wed, 15 Feb 2012 10:09:43
by LawyerwithaGun
I may be a bit biased, but I do want to follow up on what jdonovan said. As Abraham Lincoln said, "A lawyer's time and advice are his stock in trade." Our time and advice is what we are "selling" so to speak. It's why we went to school and why we are up late studying changes in the law. What to you might be a simple question may be a can of worms for an attorney. There are so many laws on the books, and an attorney will spend time and money keeping up do date on the different twists and turns the law takes. Due to experience and research, an informed attorney will dig a little deeper and will give you an answer that will protect you, your other half, as well as your right to bear arms.

In your particular case, there are laws that will govern what you should do and well as what your significant other should do. Moreover, if your other half is under any continuing legal supervision, the parole or probation documents must be reviewed as well. I can't speak for other attorneys, but for me, a consultation is a two-way conversation. As part of the conversation they attorney is also seeking input and information from the client. By collecting a fee for that, the attorney ensures they have the time to research your specific case and give you the best answer.

Kudos to you for not just going by what your other half said, and choosing to look into it. :thumbsup: I would recommend you take it one step further and actually speak to an attorney so that you know exactly what your parameters are. The alternative is too risky.

Re: I am not a felon and want a gun, but...

Posted: Wed, 15 Feb 2012 10:23:01
by allingeneral
BW1911 wrote:This thread exemplifies VGOF at its best. Honest question on a very serious topic, great information, to the point without getting into philosophical tangents. Well worth the read this morning... thanks to all! :clap:
Amen, Brother! :clap: :thumbsup: :coffee:

Re: I am not a felon and want a gun, but...

Posted: Wed, 15 Feb 2012 10:46:51
by Katyusha
Lawyerwithagun - you are absolutely right; honestly, I should've known better, as my father is an attorney. Unfortunately for me, not in the state of Virginia. But you're right, I know how all this works because of my dad. I guess I just didn't want one bad enough to have to go through all of that :(

Re: I am not a felon and want a gun, but...

Posted: Wed, 15 Feb 2012 21:49:31
by joeshmo
He should try to get his rights restored period... From what I understand you can own a firearm but someone with a fellony conviction can't knowingly live in a dwelling that has a firearm in it.

Re: I am not a felon and want a gun, but...

Posted: Thu, 16 Feb 2012 08:20:48
by Katyusha
If that's the case Joeshmo, if he can't knowingly live somewhere there's a firearm, then I can't get one.
He came first :)

I'm not even sure he wants to shoot badly enough to go through the process of getting his rights restored.