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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24930
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son is a felon. He is married, His wife bought some guns

Customer Question

My son is a felon. He is married, His wife bought some guns and locked them up in a case and a safe to where he has no access to them she has keys and combination and she purchased them. Now they had a domestic violence and her father called the cops. He was taken to jail. His charge was assult DV and interfering with reporting a DV. Then 2 days later a charge of possection of firearm 1 showed up.. when he went with police to jail he didn't have a firearm on him. How can he be charged with that??
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Please reply to me at***@******.*** Thank you
JA: Has anything been filed or reported?
Customer: Not that I'm aware of. Like I said he does have a DV and intervering with reporting a DV. Then the passion of a firearm 1
JA: Anything else you want the lawyer to know before I connect you?
Customer: No Just what Ive tpyed. He was suppose to of gone to court at 1 on those charges
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I compose a reply for you.

Expert:  Zoey_ JD replied 4 months ago.

It is unfortunate that when one member of the household has lost his gun rights, the other really shouldn't have a gun in the house either. Even with the best precautions in the world -- which you appeared to take -- under the right circumstances, violence in the household, he could end up being charged as a felon in possession. The police can do that even if he didn't have a gun at the time of the arrest.

If the father, for example, said he had a gun or that there were guns in the house when he was interviewed as to the domestic incident, he could be charged constructively as a felon in possession of a firearm. In other words, would be enough to get him charged if he could have had the opportunity to take and use the gun.

Whether he can be convicted of the charge is a whole other matter as the state would have to show beyond a reasonable doubt that he could have had access to gun safe and the keys or combination.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.