Can I own a gun if someone in my house has a felony in California?
Asked by: Mrs. Laila Hyatt II | Last update: January 15, 2026Score: 4.7/5 (75 votes)
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.
Can a felon live in the same house as someone with a gun?
Generally speaking if there is another person living in the house who is a gun owner, the answer is yes. A felon is prohibited from ``possessing or receiving'' a firearm. But someone else in the house can very well own a gun and as long as the felon does not ``possess or receive'' it, there is no violation.
Can a felon be around someone who owns a gun?
Felons and Firearms
Felons are allowed to associate with or be around someone who owns a gun, but these laws can get tricky. A convicted felon may be found guilty of “constructive possession” of a firearm if they knew that a firearm was in a home or residence and they could maintain control of the gun.
Can the spouse of a felon own a gun in California?
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.
Can I have a gun in my house in California without a permit?
A U.S. citizen or legal resident over age 18 may generally carry a handgun anywhere within his or her place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. A permit or license is not required for a person to carry within these locations.
Can a FELON live in same house as a FIREARM?
Is it illegal to have a loaded gun in your house in California?
California gun laws further require owners to make sure that a gun is stored unloaded and in a place not accessible by children and adults prohibited from possessing a gun. This is required per Penal Code 25100 PC.
What are the new gun laws in California 2024?
In 2024, California passed several bills strengthening and refining existing laws to facilitate better implementation, including improvements to the state's gun violence restraining order law, secure storage laws, and reporting on firearm dealer inspections.
Can a felon live in a house with a gun in California?
Having a Gun & Living With a Felon
If you keep a gun in your home, the felon you live with could potentially be charged with constructive possession of the firearm – even if you keep the gun locked in a safe. Plus a prosecutor may try to charge you with aiding and abetting a felon to obtain a firearm.
What kind of gun can a felon own in California?
Being convicted of a crime under California State law can impact your Second Amendment right to keep and bear arms under both California and federal law. In general, a conviction for any felony offense will result in a lifetime ban on your ability to possess or own a gun.
What disqualifies you from owning a gun in California?
Any person who has been convicted of a felony, certain misdemeanors, certain firearms offenses, who is addicted to narcotics, who is the subject of a domestic violence restraining order, or has been committed to a mental institution pursuant to Welfare and Institutions Code section 8100, may not possess or have under ...
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.
Can a felon get a passport?
Yes, a convicted felon can usually get a passport, but it depends on the felony and other factors: Felony typeSome felonies can automatically disqualify you from getting a passport, including: International drug trafficking Trafficking minors "Sex tourism" offenses Treason.
Can the spouse of a felon own a gun in Florida?
Can a felon's spouse own a gun in Florida? No, a felon's spouse cannot own a gun in Florida.
Can I own a gun if a family member is a felon?
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 in the car with someone who has a gun?
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 a felon live in the same house with someone who owns a gun in Nebraska?
§ 922(g)(1). Possession of a firearm by a family member living in the same residence as a convicted felon could constitute constructive possession, which may violate federal law.
Can a felon own a homemade gun?
Under federal law, those convicted of a felony are forbidden from purchasing or possessing firearms and explosives.
Can my wife own a gun if I'm a felon in California?
Under PC 29800, it is illegal for you to have knowledge of, access to, and the right to control the firearm if you have a felony conviction. Depending on the licensing of the firearm, as well as your ability to access it, your wife may be able to keep her gun.
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.
Can I have a gun if my roommate is a felon?
The safe and sound answer to that question is no.
Can a felon live in the same house with someone who owns a gun in PA?
In Pennsylvania, inclusive of Bucks County and all counties, a convicted felon cannot own, be in the same place with, or use a firearm, even if the firearm is legal or legally owned by another individual in the household. There is no exception to the rule.
Do you have to be sentenced to be a convicted felon?
The classification is based upon a crime's potential sentence, so a crime remains classified as a felony even if a defendant convicted of a felony receives a sentence of one year or less. Some individual states classify crimes by other factors, such as seriousness or context.
What is the strictest gun law in the world?
Singapore is probably the strictest country in the world when it comes to gun laws. It's still possible to own a gun but it takes a lot of work. To own a gun you need to belong to a gun club. You will also be required to leave your gun at the club for storage.
Can I have a gun in my house in California?
Can You Have a Gun in Your House Without a License in California? Under California law, anyone who is not a convicted felon has the right to carry firearms openly or concealed without a license in their place of residence, business, or lawfully possessed private property.
What are the new laws in California in 2024?
California Gov. Gavin Newsom signed several laws in 2024 addressing a variety of topics including reforms to the California Private Attorneys General Act, discrimination, victims of domestic violence and paid family leave.