Can I Live in a Home With a Gun if I’m a Felon?

Convicted felons understand that their firearm rights are taken after they serve time. This includes possession of a gun, regardless of whether somebody else owns it. As a felon, if a gun is found on your person, you will face extra federal felony charges of gun possession (26 US CODE 5861), in addition to criminal charges filed by the state. As a result, you could face imprisonment.

What happens, though, if somebody else in the household owns a firearm? According to the Second Amendment, citizens do have a right to have a gun. While it isn’t illegal for felons to reside in a property with a firearm in it (owned by either a spouse, housemate, or significant other), felons risk the chance of being suspected of possessing a gun. As such, people living with a felon could face charges of aiding and abetting for an illegal firearm possession.

Constructive Possession Is a Charge You Could Face

Possession and ownership aren’t the same things. Felons could be convicted on charges of firearm possession if control of the gun is exerted. That could entail carrying or shooting the weapon. Also keep in mind that refraining from contact won’t absolve you of any charges. In fact, you could be charged with possession without exerting control when constructive firearm possession is involved.

Essentially, a court may believe that the accused had constructive firearm possession if:

• The felon was aware that a firearm was somewhere in the property; and
• The felon had an opportunity and the ability to potentially exert firearm control.

As such, if an unlocked gun is in your wife’s nightstand, you could be charged with firearm possession if you knew where the gun was, despite having never touched it.

A Charge of Aiding and Abetting Could Loom Over Your Housemate

The other individual in the household who legally owns the firearm may be charged with aiding and abetting your possession of it. This can happen if that individual was aware of constructive possession or regular possession by the felon, and intentionally acted in a manner that perpetuated the situation. Although the government would be hard-pressed to prove the intent, a charge of aiding and abetting is a criminal violation to take seriously. Therefore, the necessary precautions must be taken.

Using Precautions

The safest approach to bypassing criminal charges when you are a felon is to make sure that your housemates do not have any guns in the home. With that said, the Constitution’s Second Amendment protectsthe rights of those who aren’t felons. These individuals are allowed to possess a firearm and keep themselves protected. They are allowed to do so, and to the fullest extent of the law, to boot. However, if they do, strict precautions must be taken in order to prevent the felon from being charged with firearm possession, be it directly or constructive. If the gun is not kept in a safe that is locked (i.e., the felon is unable to access the safe), they will risk prosecution. Therefore, the gun should be locked up in the presence of a felon. It is prudent to talk to a criminal defense lawyer to establish what types of precautions are required to stay clear of federal and state criminal charges.