Can You Legally Own a Firearm if Your Husband/Wife Is a Convicted Felon?
New York law bars individuals convicted of a felony or a serious offense from possessing a firearm. In New York, certain felons are even prohibited from restoring their gun rights due to the nature of their convictions. Possession of a firearm by a convicted felon is a serious crime that carries serious consequences. But do these laws apply to spouses of convicted felons? In other words, can you legally own a firearm if your husband/wife is a convicted felon? There are no laws that forbid spouses of convicted felons from possessing a firearm. Therefore, you can own a firearm even if your spouse is a convicted felon. However, while you may legally be allowed to own a firearm even if your husband/wife is a convicted felon, strict measures must be taken to avoid severe legal consequences for you and your spouse. Read on to find out more.
Owning a Firearm if Your Husband/Wife Is a Convicted Felon
Many people own firearms in the state of New York. Therefore, it is likely that some convicted felons in New York will end up getting married to someone with a firearm. In New York, a convicted felon who is prohibited from owning a firearm can marry a person who owns a gun. People whose partners are convicted felons can legally purchase and own a firearm. You cannot and should not be punished for your spouse’s mistakes. Even if you were married to your spouse at the time they committed the crime that led to their conviction, you are still legally allowed to own a gun. However, while you can legally own a firearm even if you are married to a convicted felon, there are some vital things to note.
First, the firearm is not supposed to be accessible to your spouse. This means that any firearms you own should be stored securely in a manner your spouse cannot access, such as in a lockbox to which your spouse does not have the key or know the code. Second, even if your spouse does not possess the firearm physically, remember that there is something called constructive possession. Your spouse could be found guilty of constructive possession if they know of the existence of the firearm and have the power to access and exercise control over it. Firearms stored in common areas of the home where both spouses have access, such as the bedroom or living room, can create a situation of constructive possession for the spouse with a felony conviction. Some spouses consider living in separate houses to avoid this, but this might not be practical for many people.
Considering the complexities that come with owning a firearm if you are married to a convicted felon who is barred from owning a firearm and the potential consequences of violating firearm laws, it is advisable to seek legal advice. An attorney specializing in firearm law can guide you accordingly.
Contact an NYC Criminal Attorney
If you are married to a convicted felon and need legal advice on firearm possession, contact our skilled NYC criminal attorney, Mark I. Cohen, at 917-414-8585.
Source:
nysenate.gov/legislation/laws/PEN/265.01
