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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I want to move into an apartment. I have a domestic violence

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I want to move into an apartment. I have a domestic violence conviction though. The issue then is this. The apartment is basically a shared house. There is a door separating the neighbors' apartment and mine. I have no idea if they have a gun, but if they did is that a potential issue? Even though there is a door separating us, would the law say its feasible that I could simply walk in there and, if it was in the open, take their gun? Basically I don't want to move in there, find out at some point they have a firearm and then potentially get arrested. Don't get me wrong... I don't want to touch a gun, but from what I understand, if my wife had a gun she would need to get rid of it or lock it in a safe, otherwise I can be arrested for posession. So would the same logic apply if my neighbor in a shared house/apartment had a gun?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. On this website, I do not always get to give good news, and I am afraid that this is one of these times.

As you may know, Title 18 U.S.C. §§ 922(d)(8) and (g)(8) concern the prohibition against disposal of firearms to, or receipt or possession of firearms by, persons who are subject to domestic violence protection orders.

But you are not really receiving the firearm for the neighbor, right? Well, yes. But that may not stop the prosecutor for attempting to charge you anyhow. IT IS UNLIKELY, but I have seen similar situations blown way out of proportion.

Especially if you maybe visit the neighbor's side - you are in the same place as the firearm. The prosecutor can make a claim that the neighbor is holding the gun for you. It is not unusual people share firearm possession, which the prosecutor may argue. Buying/holding a firearm for the purpose of actually giving/sharing it with someone who cannot own one is called a "straw sale" and is also illegal.

The chances of this happening are low. And even if you are charged, the chances of the prosecutor PROVING the charge are minuscule. However, that of course would be after months of legal wrangling, a possible re-arrest, and legal fees.

Add to that also that your bond/parole/probation rules may disallow you to live on any property where there is a firearm and you knew of it. So that can risk being revoked.

Violations of 18 U.S.C. § 922(g) are the prosecutor's "favorite toy." Do not give them an excuse to use it. If possible, it would be best not to enter into this living arrangement. I am sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86552
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Criminal Law Specialists are ready to help you

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