Can my wife own a gun if I'm a felon in California?
Asked by: Micaela Becker Jr. | Last update: November 7, 2025Score: 4.2/5 (61 votes)
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.
Can I own a gun if my husband is a felon in California?
Can You Be Married to a Convicted Felon and Own a Firearm? To be clear, there are no rules that prohibit the spouse of a convicted felon from owning a firearm. Being married to someone who committed a crime does not mean you should or can be punished by the law for doing so.
Can I own a firearm if my wife is a felon?
As long as your wife doesn't have any disqualifying reasons, she can own a firearm. The problem is, that as a convicted felon, you cannot own, use or possess a firearm. It's not just ownership - it's the ``possession'' that could hurt you.
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.
What happens if you marry a felon?
As the saying goes, love is blind. Marrying someone with a long criminal history won't impact you, unless the person is on parole or probation, or is subject the Sex Offender Registration Act (SORA). Under those circumstances, you may have a parole or probation officer checking in on your spouse.
Can my spouse own a gun if I am a convicted felon?
Can I sponsor my wife if I have a felony?
Generally speaking, the more serious the crime, the less likely you are to be approved as a sponsor. If you have been convicted of a felony, for example, it may be more difficult to get USCIS to approve your I-130 petition than it would be if you were convicted of a misdemeanor (or not convicted of any crimes at all).
In what states can felons own guns?
- Colorado, Kansas, Louisiana, Minnesota, North Carolina, North Dakota, Oregon and South Dakota automatically restore firearms rights to convicted felons - including those who committed violent crimes - but make them wait five to 15 years after they complete state supervision, the center and ATF found.
Can a felon get gun rights back in California?
In general, there are two basic options to have your gun rights restored after a conviction. They include having your felony case reduced to a misdemeanor and receiving a pardon from the Governor of California.
Can a felon be around someone who is carrying 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.
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 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.
Is it illegal to buy a gun for your spouse?
But other than that, the purchaser is free to give the gun as a gift or lend the gun to someone without repercussions. A person cannot act merely a middle man or straw purchaser of a gun for another person who is not legally allowed to own a gun (such as someone with a prior felony conviction).
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.
Can I have guns if my wife is a felon?
People whose partners are convicted felons can legally purchase and own a firearm. You cannot and should not be punished for your spouse's mistakes. Even if you were married to your spouse at the time they committed the crime that led to their conviction, you are still legally allowed to own a gun.
What is the gun show loophole?
The term "gun show loophole" primarily refers to "a situation in which many sellers dealing in firearms offer them for sale at gun shows without becoming licensed or subjecting purchasers to background checks".
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 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 I own a gun if my spouse is a felon Indiana?
Gun laws in Indiana do not expressly prohibit the spouse of a felon from owning a firearm.
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.
What kind of gun can a felon own in California?
Theoretically, if you are convicted of any felony, then you are subject to a lifetime ban. In California, most convicted felons face a lifetime ban on owning firearms. However, in rare cases, gun rights may be restored after 10 years if the felony is reduced to a misdemeanor and meets specific criteria.
What is the 10 year ban in California?
For any person convicted on or after January 1, 2024, of a misdemeanor violation of specified provisions in Penal Code sections 25400, 25850, 26350, and 26400, prohibits the possession of a firearm for ten years after the conviction.
How to expunge a felony in California?
- Step 1: Get an experienced attorney.
- Step 2: Get and complete the necessary forms.
- Step 3: File for expungement.
- Step 4: Prepare for your hearing by meeting with your attorney.
- Step 5: Your court hearing.
- Step 6: What happens next. If the Court grants your petition:
Can a felon restore gun rights in California?
To restore your firearm rights, you will first need to reduce your felony to a misdemeanor under Penal Code 17b, not Prop. 47. After that, you will need to make sure that you have no other felony convictions or registration requirements that disqualify you from firearm possession in California.
Can a felon be around someone who owns a gun?
Yes, they can in most, if not all states. However, the felon can not have access to the firearms if they are a prohibited person. Yes, but law enforcement might think you're too close to it for their likings.
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.