Can a Felon’s Spouse Have a Gun? – The Complex Answer
While a convicted felon is unequivocally prohibited from possession or ownership of firearms for life, the question poses an interesting conundrum when it comes to married felons. Can the spouse of a convicted felon maintain access to firearms? There isn’t a straightforward affirmative or negative answer, due to the complexity of multiple factors involved. In this article, we’ll peel away the layers to guide you through the intricacy.
Federal Law & The Felon’s Registration
In the United States, the National firearms Act (NFA), 1934 requires individuals who have been previously convicted of a felony in federal court to register annually. 18 U.S. Code § 844 specifically prohibits the issuance of a firearms license "to any person who as the result of a sentence… is confined for three or more years in prisons" or "is being held in custody pending discharge or imposition of sentence; or has been released at least 5 years…" under supervision.
Leveraging the Felons Rights Revocation
Following the conviction, the Constitution allows for the revocation of certain rights, included among them the right to possess firearms. 5th Amendment‘s "Due Process" ex post facto doctrine ensures that criminals who have committed crimes before firearms legislation changed cannot be applied retrospectively. However:
Felony Spouses Can Legally Own Rifles, Shotguns under 18 U.S.Code 922(g)(7)
In Washington, D.C. Circuit Court‘s (Sanz v.ATF, 2 F.3d (D.C. Cir 1993)) landmark finding, it was ruled "The fact that [former husband] was a… felons does not alone establish that [former-wife] was a…de facto felon_. Although the wife may lawfully possess a rifle [under 18 U. S. Code § 92(g)(7)] If a spouse of person… has been convicted at Federal, State, National Park, or Indian law [and] is possessed [a firearm]… It shall be unlawful
• For any person within the confines of the place referred to in subsection A [Federal, State.,…] to receive an to carry, conceal weapon firearm.
• For these offenses to be committed…
A felony spouse, owning or possessing a firearm
- Not Per Se Illegal: However…
• The spouse must undergo the legal process to revoke rights (18 USC § 922(g)] to obtain a firearm themselves.
• In general, if the spouse were a non-felon then could purchase a rifle at 18 U.S.Section Code 922(g-7)
• But can there be a situation and or the spouse to "felon" to protect rights under the 28 CFR § 67.? And, in some courts it’s possible that felon-spouse may not be registered (if they’re now non-felon).
Registration, in the view of some courts, depends on whether the spouse intends to exercise their right-.
State Laws Regarding Gun Ownership for Felonyms Spouses
Each STATE in the United States carries its own special requirements. Consider a few examples:
California: A spouse having an "active" felony registration (§922( g)(7))? Will need to provide more info (§ 33419)
NewYork: In 2010 the court ruled (Leibman vNYC 12 App Div 3d 744)in favor of a legally non-felon spouse- in possession of a license gun (§ 70(3)
A "non-felons" spouse in (state law) to gun and/or own firearms are registered
Key Reminders:
1st and foremost, all the spouse must follow strict guidelines,
To be sure of that rights under the law remains legal.
• A couple:
- Both must follow legal law enforcement
- Possession, and use weapon gun.
- Each must
have in possession of the evidence
2nd: Any confusion should be clarified first
3rd: This information is general counsel. Seek legal advice is required.
Closing Statement
In conclusion when you ask the question,
Can a felon’s Spouse have a gun???
- The National firearms Act (NRA, 1934 requires registration for convicted FELONS
2 There isn’t a straightforward one size fits all answer with - Felono-spouse may be to protect rights under sections like 28 CFR.§67. And some law in certain courts it
As always, consult or an attorney to determine specifically to the situation and whether to register for gun permission for spouse.
Remember Always adhere to the laws which the gun is a federal instrument
