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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.

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Attorney answers 4

Posted

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.

Asker

Posted

So, dont own guns that are kept anywhere in the house? What about a safe that only I can get into?

Antonio Gonzalo Jimenez

Antonio Gonzalo Jimenez

Posted

I thought about that but I can see the argument from law enforcement that he has access to the safe but is now conveniently forgetting the combination or he doesn't have the key on him right now but he does or could have access to it when law enforcement is around. Bottom line I would not personally own a gun if my spouse was a convicted of a felony unless it was in a different building/location that no reasonable person would believe he had access to. Better safe than sorry.

Asker

Posted

thank you. i agree that is probably best.

Don Waggoner

Don Waggoner

Posted

As to the above advice, I disagree. Keeping it in a safe which only you can open is proper. the state may be able to take away your husband's right to own a firearm, but they cannot take away yours. And they can't just arrest your husband on suspicion that he might know the combination. In addition, I would suggest a trigger lock may, I say may, be sufficient.

Antonio Gonzalo Jimenez

Antonio Gonzalo Jimenez

Posted

I agree with you Don but I can see the argument coming from the other side as well. Definitely a good defense at trial but why be placed in that position in the first place? I just see both sides to this argument.

Posted

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.

Asker

Posted

thank you

Posted

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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Asker

Posted

thank you

Posted

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.

Asker

Posted

Thank you for the help. I will look into that.

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