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Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 584
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.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 11 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 11 months ago.

Questions based on this? If so, please ask!

If not, please remember that experts here are not employees of JustAnswer and do not get credited for taking the time to provide general information to individuals until the individual clicks ACCEPT and rates the assistance with three stars or higher. Your cooperation in this regard would be appreciated!

***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 11 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 11 months ago.

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

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