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Firearm possession after felony

Tallahassee, FL |

My husband was convicted of 3rd degree felony for marijuana possession back in 2004. If he is not allowed to possess firearms, does this mean that since we live together, that I also cannot possess firearms? I am not clear on the technical legalities regarding this matter.

Attorney Answers 4


  1. Yes you can possess a firearm yourself but it cannot be anywhere where it might be construed that he has constructive possession. So if you are going to possess a gun make sure he is not with you.


  2. If you have a firearm it makes it easy for your husband to be charged with felon in possession of firearm. The possession can be constructive versus actual.
    I always advise my clients that if one spouse has a felony conviction if they want to own a firearm Store it at a different property or at a locker at the gun range.


  3. You can legally possess a firearm, he cannot. Anything that can be said to be under his control is possession. If you store your gun(s) where he does not have access or control, it would be a defensible case, but he still might be arrested and charged. If you keep them at, say, your brother's house and pick them up from there when you want to use them he should be fine.

    He should not be in a car with the firearms.

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  4. Yes, you may own and possess a firearm. As the other attorneys have stated, it is imperative that you keep it away from your husband. If you have it in your house, keep it in a safe to which only you have the combination. There are other methods of storage also. i suggest you purchase the book "Florida Firearms, Law Use & ownership" bu attorney Jon Gutmacher. just look him up on his website and you can find all the information you need.

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