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can you guy a handgun if your spouse was convicted of a crime


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I was thinking of purchasing a gun, but my wife was convicted of a crime and sentenced to six months in jail. Does this now mean a gun cannot even be int the house? I was going to ask for more information but since I was here I thought I would ask here as well
 
 
me purchasing a gun has nothing to do with her crime or committing crimes
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1. Was her crime indeed one that disqualifies her from possession?

 

2. If so, one or more of our attorneys have opined that a gun safe to which one spouse does not have access would suffice for legal possession by the other. If a carry gun, should be on you or in a safe (a small quick access one could serve for a nightstand gun).

 

- OS

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This has been discussed before, I think the consensus was that it would be OK. She, if a felon, just can't possess it. So keep it on you or lock it away if you leave it behind.

Edit: what he said☺ Edited by Omega
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When going into a bank or other I leave my gun with my wife ......you cannot. 

 

 

You must always maintain possession.....what a hassle. 

 

 

I'd also like to know what the conviction is. 

 

 

If I'm not mistaken domestic violence also precludes you from purchasing/possession for so many years. 

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When going into a bank or other I leave my gun with my wife ......you cannot.


Banks are not off limits unless posted like any other biz. If you must leave a firearm in the car, small lockable safe is easy, 25 clams or so.
 

You must always maintain possession.....what a hassle.


Speaking as a single guy, I have no choice but to "maintain possession" at all times, and don't see it as a hassle.
 

If I'm not mistaken domestic violence also precludes you from purchasing/possession for so many years.


Domestic violence conviction = forever.

- OS

  • Like 2
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When going into a bank or other I leave my gun with my wife ......you cannot. 
 
 
You must always maintain possession.....what a hassle. 
 
 
I'd also like to know what the conviction is. 
 
 
If I'm not mistaken domestic violence also precludes you from purchasing/possession for so many years.


I always carry mine in the bank
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Banks are not off limits unless posted like any other biz. If you must leave a firearm in the car, small lockable safe is easy, 25 clams or so.
 


Speaking as a single guy, I have no choice but to "maintain possession" at all times, and don't see it as a hassle.
 


Domestic violence conviction = forever.

- OS

Just a habit..... PO or court house....banks too, I just leave it with her in the truck.

 

 

 

 

The hassle would be if he left it out while he ran to store or whatever, any gun at home or car.

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me purchasing a gun has nothing to do with her crime or committing crimes

No, but if she has constructive (or actual) possession of a gun it does.

Was the crime a felony, or the misdemeanor of domestic violence? Did she lose her gun rights? Does she has a probation or parole Officer; ask them.

If I’m not mistaken possession of a firearm by a convicted felon is mandatory prison time in this state.

For better or for worse.
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I know of a situation where a guy and his girlfriend, (no names or hints), convicted of felonies and served time, still on probation was living at his mothers house. She had a handgun put away from them. They were arrested again and the house searched. Because they were living in the home they were also charged with a gun crime. The mother wasn't charged. Certain situations, felonies and probation they can't live in a house with a gun in it.

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Why would you contact the ATF? Wouldn’t your DA make that call?

Is that what you guys do? Now that I think about it, I have no clue why we couldn't have.
Ok, I asked, we could have taken it to the US Attorney's Office but not our District Attorney's Office. Federal crime requires a federal prosecutor. Is it not that way up your direction? Edited by Patton
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Is that what you guys do? Now that I think about it, I have no clue why we couldn't have.
Ok, I asked, we could have taken it to the US Attorney's Office but not our District Attorney's Office. Federal crime requires a federal prosecutor. Is it not that way up your direction?

I haven’t been a cop in many years, and it wasn’t in this state. I would think you would charge them under state charges, not Federal (although they could be charged either way). I was just surprised by your response about contacting the ATF. I wouldn’t think they would have anything to do with it unless you had questions about the weapon they were in possession of?

If I’m not mistaken Tennessee State law is tougher on felons in possession that federal law, but I could be wrong about that. I thought I read that Tennessee had made that mandatory prison time. Edited by DaveTN
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.....

If I’m not mistaken Tennessee State law is tougher on felons in possession that federal law, but I could be wrong about that...

 

I'd say you are, since unlike federal law,  all felons are not banned from possession of long guns in TN, only one who:

 

- Has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon; or

- Has been convicted of a felony drug offense.

 

Only handguns are verboten for all felons.

 

And btw, we don't know for sure the lady in question here was indeed convicted of a felony?

 

- OS

Edited by Oh Shoot
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I'd say you are, since unlike federal law,  all felons are not banned from possession of long guns in TN, only one who:
 
- Has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon; or
- Has been convicted of a felony drug offense.
 
Only handguns are verboten for all felons.

I wasn’t nit picking about who and who does not lose their gun rights. I just seem to remember something about Tennessee passing legislation that those who are convicted of felon in possession do mandatory time. Meaning that both of them might want to be real sure of what the situation is before he brings a gun in the house.
 

And btw, we don't know for sure the lady in question here was indeed convicted of a felony?

Then it’s a non-issue. I think we all addressed that.
A woman with a clean record doing six months on her first misdemeanor arrest? Possible; but not likely.
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....
A woman with a clean record doing six months on her first misdemeanor arrest? Possible; but not likely.

 

As you surely know, felonies are often pled down to 'meanors, along with more than the average slap if the 'meanor had been the original charge.

 

And of course repeat convictions of the same 'meanor often get a proportionally bigger slap, or similar for multiple counts of the same or different 'meanors all pled into one. We just don't know the facts.

 

-  OS

Edited by Oh Shoot
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