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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 554
Experience:  Attorney at Law Offices of Khaled Issa
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I live in Pennsylvania and I would like to purchase a

Customer Question

Hello I live in Pennsylvania and I would like to purchase a firearm but my fiancé has a felony conviction from 20 years ago and we live together. I was told that if I purchase a firearm it would have to be in my possession or under lock and key at all times is this true.
Thanks
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 2 months ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your question.

Currently, there is no law that prohibits a person who can lawfully possess a firearm from having said firearm while living with someone who cannot possess a firearm. This means that there is no separate law dictating what requirements the lawful possessor must meet while leaving with a person who cannot possess a firearm (i.e., lock and key, etc).

The real issue is "possession." As you can tell, a convicted felon cannot possess a firearm. This means both "actual possession" (i.e., physically holding a firearm) and "constructive possession." Constructive possession occurs when a person, while not in physical possession of the firearm, still has the dominion and ability to control the firearm.

The prohibition against felons in possession of firearms applies to both actual and constructive possession. So keeping a firearm under lock and key, with no way for the felon to be able to control the firearm, removes the possibility of the felon from being charged with constructive possession of a firearm. Lock and key is not a per se requirement for the lawful owner of the firearm to meet, but is a procedural safeguard deterring the felon from constructively possessing the firearm.

Essentially, while there is no law requiring the firearm to be under lock and key at all times, the lock and key acts as a safeguard so prosecutors cannot charge the felon from being in constructive possession of the firearm.

Expert:  Legal-Kal replied 2 months ago.

Questions based on this? If so, please ask!

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***General information provided here is for educational and informational purposes only and does not constitute legal advice, nor should it be relied upon as such. It is always wise to consult with an attorney licensed in your jurisdiction as they would be in the best position to assist***

Expert:  Legal-Kal replied 2 months ago.

I see you have read my response to your question.

I hope that information has helped. Again, if you have questions, please ask.

If not, please do not forget that experts here assist individuals, not as a hobby, but as their income. Thus, by clicking accept and rating the assistance, you ensure that experts are credited per the good faith and terms of service agreed upon.

Expert:  Legal-Kal replied 2 months ago.

Please remember to click accept and rate the assistance provided as that is the only way experts can be credited.