Can a felon be around someone who owns a gun?
Asked by: Mr. Alexis Ortiz | Last update: November 5, 2025Score: 4.1/5 (22 votes)
A convicted felon can associate and be in the presence of someone who owns a firearm, but they cannot knowingly be in the presence of it. The only exception is if the convicted felon is somehow the victim of someone with a firearm. There is no crime for being a victim.
Can a felon be around someone with a registered gun?
Under federal law, felons are prohibited from owning or possessing firearms. Some states return a felon's civil rights to own a gun after serving their sentence or a waiting period. If you live with a felon, you have to make sure gun access is limited so they don't have constructive possession.
Can a felon be around a gun safe?
As long as the felon has no easy access to your gun, you are legal. If the case is easily broken into, as long as it was locked and the felon did not have the key or combo you cannot be prosecuted for that. However, if the gun case goes missing you could be charged for failing to report that.
Can a felon be in the car with someone who owns a gun?
Hello, So long as that person is the sole possessor of the firearm and that the convicted felon is not in a position to exercise control over it, that's fine. For instance, the individual must be carrying a firearm on their person, they cannot keep it in the glove box and have a convicted felon in the car.
Can I have a gun if my husband is a felon?
If you are a felon and live with your wife, she or anyone else in the house cannot have a gun. A felon is a prohibited person for life. Federal and state laws prohibit firearm possession by people convicted of felonies and certain misdemeanors. Learn who can't have a gun and what penalties apply.
Can a FELON live in same house as a FIREARM?
What happens if you marry a felon?
The convicted felon can use his or her own conviction and imprisonment to obtain a divorce. Another implication of marriage to a felon is the extent to which the fact of the conviction can become an issue in child custody proceedings.
What states allow felons to own guns?
All states except Vermont generally restrict firearm access after a person has been convicted of a felony, mirroring federal law in this area, which generally prohibits firearm access after an individual has been convicted of a crime punishable by more than one year in prison.
Can my wife own a gun if I'm a felon in Texas?
So you can own a firearm if you're married to a convicted felon, but unless you live in different homes entirely, firearms cannot physically be in your home. If you want to live with your spouse without the risk of them going to prison, you need to remove your firearms from your home.
What happens if a cop finds a gun in your car?
That means the gun you had in your possession in your vehicle and had control over the vehicle is almost always charged. This is unless the driver can prove that someone else owns it, committed a crime, and then planted it in their vehicle.
Can gun charges be dropped?
Yes, new evidence can lead to the dismissal of federal gun charges if it significantly undermines the prosecution's case. This could include evidence that proves an alibi, demonstrates that the firearm does not belong to the defendant, or reveals misconduct in the gathering of evidence.
Can you anonymously report a felon with a gun?
You'll be able to share important information directly with ATF in a way that's simple and anonymous. You can even upload pictures. In the app, just choose "ATF - Anonymous Tip Line" and your tip will be confidentially sent directly to the ATF Field Division closest to you.
Does the 2nd Amendment protect felons?
The Second Amendment Permits The Disarming of “Dangerous” Felons. Each year, more than 8,000 people are convicted for unlawful possession of a firearm under 18 U.S.C. § 922(g). About 90% of those cases arose from gun possession by a felon.
Can I own a gun if someone in my house has a felony in California?
It is a crime under both federal law and CA law for a felon to possess a firearm. If you live in the same home, and he had access to the weapons, he could be charged under a theory of constructive position.
When did felons lose the right to own guns?
The 1968 Gun Control Act and subsequent amendments codified at 18 U.S.C. § 921 et seq. prohibit anyone convicted of a felony and anyone subject to a domestic violence protective order from possessing a firearm.
What happens if you get pulled over with a gun in the car in California?
Misdemeanor for Driving with a Loaded and Concealed Weapon
If convicted, you could face 12 months in county jail and a $1,000 fine. To convict you of driving with a loaded firearm and not locked away, a prosecutor must show: You had a gun in your motor vehicle that could be concealed on you or carried by you.
Can a felon have armed security?
Technically, armed bodyguards for felons are specifically forbidden. However, contrary to what many people believe, the restoration of the right to own guns after a felony conviction is not that difficult in numerous states. If that is achieved, then armed bodyguards are not forbidden.
Can a felon be in the car with someone who has a gun?
This depends on the situation, but generally, unless the gun is solely and directly under the control of someone who is *not* a felon or otherwise prohibited from possessing a gun, the answer is no, not legally. Legally the gun would be treated much like drugs in a car - everyone in the car is in possession.
Can I sue a cop for pulling a gun on me?
Unfortunately, the law on police pulling guns on people is not consistent. Your outcome is very dependent on your jurisdiction. In other words, where you live will impact whether you can successfully sue the police for pointing a gun at you.
Can a felon be in a house with a firearm?
The felon is not supposed to be in possession of a firearm. Access to a home with unsecured firearms can constitute possession. So it would be the felon who faces potential criminal penalties.
Can a felon go to jail for being around a gun in Texas?
Possessing a firearm as a felon, even in Texas, can carry severe penalties. If convicted, the charge counts as a third-degree felony and may result in up to 10 years in jail and/or a fine of up to $10,000.
Can a convicted felon get a passport?
Who can and cannot get a passport? According to USA Today, most felons can get a passport without a problem. This is assuming a person is not currently awaiting trial, on probation or parole or otherwise banned from leaving the country.
What state is most gun-friendly?
- #8 Texas. ...
- #7 Oklahoma. ...
- #6 Missouri. ...
- #5 Mississippi. ...
- #4 Montana. ...
- #3 Arkansas. ...
- #2 West Virginia. ...
- #1 New Hampshire. New Hampshire is a Constitutional Carry state with incredibly relaxed gun laws and low crime rates.
How much does it cost to restore gun rights?
Gun rights restoration services start as low as $750, depending on the state in which your record occurred. We understand that cost is an important factor in choosing an attorney and we strive to keep our prices fair to our clients.
What is the best state for a felon to live in?
The most friendly state for felons is Vermont, where no felons are disenfranchised and no voting restrictions. In the US, there are 5.17 million people disenfranchised due to a felony conviction. There are 2 million people in prisons around the US.