Home > Research Legal Advice > Criminal Defense > Can the spouse of a convicted felon own a firearm that's kept in the hom...
Asked over 2 years ago - Canton, OH
FlagMy husband has a felony for drug possession 9 years ago in Canton, Ohio. I don't have a record and I want a gun in the home for protection. Will this be a problem b/c of his record? God forbid if we ever had to use the weapon would he go to jail even if it was self defense b/c he is a felon? Also, is it true that you don't have to register guns in Ohio and that you can buy a gun from anyone without any formal documentation needing to be submitted to the police station? I was told that in Ohio that was law but want to be sure. It doesn't sound right to me that the police don't want to know who is in possession of weapons.
Although, you are not a convicted felon and are not under a disability barring your lawful possession of a firearm(s), unless relieved of his disability your husband cannot knowingly acquire, have, carry, or use any firearm or dangerous ordnance. Your asserting that it is your gun, kept for your protection, versus the State’s position that he knew the gun was there and had sufficient access to it to constitute possession, is a matter for the judge (bench trial) or jury to determine after the trial for an F-3 Having weapons while under disability charge (ORC 2923.13).
Whether you can lawfully possess a firearm may be secondary when you consider the risk implicit in the above scenario.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. The answer presumes you are not currently represented by an attorney who knows your specific circumstances.
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