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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118723
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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i was arrested 3 years ago in florida for aggravated asault

Resolved Question:

i was arrested 3 years ago in florida for aggravated asault and my conviction was adjuticated. I am not on probation but still have a no contact with my ex wife in effect. My pending roommate owns a gun and i want to know if they are allowed to move in with me with their gun.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 years ago.
If you have a felony conviction, you cannot be in a place where there is a gun. If you are caught in a premises with a gun, then you can be charged and convicted for being a felon with a firearm, even if it is not yours, based on constructive possession. Thus, your roommate having a gun on the premises where you live would be considered constructive possession and would cause you problems if for some reason the police ever had to come to the property (even if it were for something where you were a victim, such as a burglary).

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Customer: replied 7 years ago.
I do not have a felony conviction. The judge withheld adjutification due to no past record. Under those conditions could my roommate pocess a gun?
Expert:  Law Educator, Esq. replied 7 years ago.
The Domestic No contact order also prohibits it (based on the Federal law), so you would be in violation of that order as well, but it would be a contempt of court and not a felon with a firearm. If your roommate keeps the gun in a locked box and you have no key then you should be fine, but it is still something that could at the least get you pulled into court.

Edited by PaulMJD on 10/1/2010 at 3:02 PM EST
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