Can you have a gun while living with a felon?
Asked by: Davonte Jerde | Last update: August 14, 2025Score: 4.9/5 (3 votes)
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 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 my wife own a gun if I'm a felon in Florida?
No, a felon's spouse cannot own a gun in Florida. Under Florida Statute Section 790.23, a prosecutor can attempt to prove that you possessed a firearm, ammunition, or an electronic device or weapon through actual possession or constructive possession.
What states allow felons to own firearms?
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 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 live in same house as a FIREARM?
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.
Why would the ATF come to your home?
The ATF often comes into contact with law-abiding gun owners, and many gun owners find them at their doorstep. Whether it is part of a lost or stolen gun investigation, a private sale of a firearm gone wrong, or suspicious activity—no one wants the ATF to visit them at their home.
When did it become illegal for a felon to own a gun?
Since 1968, it has been illegal for convicted felons to purchase guns from licensed firearms dealers. 11 In 1994, the Brady Bill provided a nationwide mechanism for enforcement of this law. At the time it was passed, the Brady Hmtlgun Violence Prevention Act applied to 26 states.
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.
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.
Is it a felony to carry a gun while drinking?
Yes, it's almost always a crime to carry a firearm while under the influence of alcohol or any controlled substance. Some states make it a crime to carry a firearm while consuming alcohol or drugs regardless of whether the person is intoxicated. Most often, these offenses come with misdemeanor penalties.
Do you have to tell a cop you have a gun in your car in Florida?
To be clear, Florida Statute 790.06 - “License to carry concealed weapon or firearm” states that an individual has no “duty to inform” a law enforcement officer that they are carrying a concealed weapon or firearm (some states do, however).
Can felons regain the right to bear arms in Florida?
Felons can get their gun rights back or restored in Florida after eight (8) years. The 8 year waiting period begins when you have completed all imposed conditions sentences, and supervision has either expired or been completed.
Can a felon live in a house with a gun in Florida?
Yes, it is possible for you to live with a felon and a firearm in the same house. However, the convicted felon cannot possess the firearm. In Florida, there are two types of possession: actual and constructive. Actual possession is when someone has exclusive control or custody over the firearm.
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.
How long does it take to restore gun rights in Florida?
A person must meet the following requirements: You must have completed all sentences imposed and all conditions of probation for at least 8 years. You must not have any outstanding penalties or liabilities which total more than $1,000 that result from any criminal conviction or traffic infraction.
Can you have guns if you live with a felon?
Key Takeaways: 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.
What are the cons of being a felon?
- You can't travel, but you also can't find a home. ...
- You can't vote. ...
- You can't serve on a jury. ...
- You can't get public benefits. ...
- You can't get a job.
What is the best job a felon can get?
- Digital marketer. ...
- Freelance copywriter. ...
- Freelance designer. ...
- Painter. ...
- Maintenance worker. ...
- CNC machinist. ...
- Car sales executive. ...
- Entrepreneur.
Can a felon be in a car with someone who has 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.
Why can't felons go to Canada?
Felons who attempt to cross the international border between Canada and the United States of America may risk being denied entry due to criminal inadmissibility, even if their criminal conviction happened 20 or 30 years ago.
Can the ATF restore gun rights?
Chapter 44. Specifically, individuals prohibited from purchasing, possessing, receiving, or transporting firearms, are permitted to apply for the restoration of their firearms privileges, using ATF Form 3210.1.
Can the ATF search my home?
Except for limited permit holders, any ATF officer may, without a warrant, enter during business hours the premises, including places of storage, of any licensee or permittee for the purpose of inspecting or examining any records or documents required to be kept by the law and regulations and any explosive materials ...
Can I buy two handguns at once?
Summary of Federal Law
Federal law does not limit the number of guns a person may buy in any given time period. However, federal law does require federal firearm licensees (“FFLs”) to report multiple sales of handguns to ATF and other specified law enforcement agencies.
Can ATF track firearms?
ATF's National Tracing Center (NTC) is the only organization authorized to trace U.S. and foreign manufactured firearms for international, federal, state, and local law enforcement agencies. Its purpose is to provide investigative leads in the fight against violent crime and terrorism and to enhance public safety.