Marrying an Ex felon.

[pistolguy]

My Fiance has an old felony, I am not about to give up either my gun or my lady. What are the legal ramifications for my permit if she is in the car with me, or when the gun is in the safe in our home? I can't get a straight answer out of the State's Attorney's office. I think that it's also a potential Federal problem for her, and maybe for me as well?

 

[aviator41]

Only a lawyer can answer this question. the lay says something like providing a felon access to a firearm or ammunition is a felony in itself. I've been told in the past that having them in a safe that your SO has no access to (no key, no combo, no access to either) will cover you as far as storage. She cannot handle firearms or ammunition at any time.

As far as cleaning, etc. it can only be done with the SO away from the house, and all but eliminates the option of casual reloading.

 

[Hump66]

I didn't think you could ever be an "ex" felon, and I could be wrong but I think you're going to have to choose, guns or lady, to avoid any issues.

 

[Sanford]

Court reverses conviction of felon living at parents' home where guns were kept (July 6, 2012)

A federal court has reversed the conviction of a Milwaukee man found guilty of being a felon in possession of a gun after he moved into his parents' home, where weapons were kept.

The ruling raises the threshold for federal prosecutors going after felons living around guns, clarifying that access doesn't always equal possession, and that the felon-in-possession law doesn't automatically ban a felon from living somewhere where guns are lawfully kept.

"The government offered no evidence that would have allowed a reasonable jury to find beyond a reasonable doubt that he had constructive possession of the firearm and ammunition for which he was convicted by intending to exercise control over them," according to the Thursday ruling from the 7th U.S. Circuit Court of Appeals.

Cory Griffin left prison in 2008 to begin a period of extended supervision. His probation officer visited Griffin's parents' home before he began residing there.

About a week after Griffin moved in, a SWAT team arrived looking for his brother. He wasn't there, but the officers found guns and ammunition belonging to Griffin's father, an avid hunter, and his hunting buddies. The 10 shotguns, two handguns and ammunition were stored in several places throughout the house. Griffin was arrested and charged with possessing all of it.

A jury convicted Griffin of possessing a shotgun found behind the kitchen door and two boxes of ammunition found on the stairs between the first and second floors. He was sentenced to five years in prison and appealed.

The 7th Circuit wrote that to prove constructive possession, the government must usually show that a defendant had exclusive control over an area where the guns were found or a substantial connection to the weapons.

Prosecutors argued that connection existed by Griffin's mere residence in the home, but the 7th Circuit disagreed and noted that in similar cases, guns were found in a defendant's bedroom, or among his other personal possessions, or witnesses testified they had seen the defendant with the gun.

According to the decision, Griffin's father disputed the probation officer's testimony that she had warned him specifically that no guns could be in the house. The officer admitted she did not specifically instruct Griffin that if he became aware of guns in his parents' house, he should call her and get moved to a different residence.

The court also discounted a jail inmate's testimony that Griffin had told him his family had purchased handguns for him and hidden them behind the stove.

"The critical problem with (the) testimony is that it did not attribute to Griffin possession of the specific shotgun or ammunition for which he was convicted," the decision says.

Interesting from an educational perspective, if nothing more.

 

[aviator41]

Don't know if it's possible with felonies, but if you're going to talk to an attorney, you might ask if the offense can be expunged from her record.

Either way, you might want to start a defense fund now.

 

[jstaylor62]

Only a lawyer can answer this question. the lay says something like providing a felon access to a firearm or ammunition is a felony in itself. I've been told in the past that having them in a safe that your SO has no access to (no key, no combo, no access to either) will cover you as far as storage. She cannot handle firearms or ammunition at any time.

As far as cleaning, etc. it can only be done with the SO away from the house, and all but eliminates the option of casual reloading.

Does not matter what a lawyer tells you. It only matters what your current District Attorney or U.S. Attorney will go an record advising you. They are the ones that will decide whether to confiscate your guns and file charges. The lawyer will simply look at it as intriguing opportunity to get paid to establish case law... (no offense JB)

 

[SoonerP226]

I don't know the answer, but Gordon Liddy frequently notes that, as a felon, he cannot own firearms "but Mrs. Liddy has a fine collection."

 

[SoonerP226]

Does not matter what a lawyer tells you. It only matters what your current District Attorney or U.S. Attorney will go an record advising you. They are the ones that will decide whether to confiscate your guns and file charges. The lawyer will simply look at it as intriguing opportunity to get paid to establish case law... (no offense JB)

Not likely--that could be construed as malpractice. Any attorney worth a flip will do the legal research (which may involve talking to the DA/USA, as well as reading statutes, regs, and case law) and advise you based on that. The DA/USA may or may not give you good advice, but his client is the Gov't, not you; an attorney is duty-bound to look out for his client's best interests, not his (or anyone else's).

 

[pistolguy]

that's amazing. Illinois is the second most anti gun state in the Union, (after Massachusetts) and I think that is the 7th Circuit?

 

[SoonerP226]

that's amazing. Illinois is the second most anti gun state in the Union, (after Massachusetts) and I think that is the 7th Circuit?

The 7th Circuit covers (parts of) Illinois, Indiana, and Wisconsin. It has four Reagan, one GHW Bush, and two GW Bush appointees on its bench.

It's also the Circuit that struck down Illinois's ban on carrying outside the home...