Legal Issue???

Discussion in 'Legal and Activism' started by Mt1881, Apr 4, 2011.

  1. Mt1881

    Mt1881 New Member

    My father recently passed and left my wife and myself his gun collection. I have a felony on my record from 6 years ago and cannot own a firearm. My wife has a clean record and can legally own a gun.

    We want to sell them but not sure if that is possible with my record. What are the laws of having them in my house but not my possision? Can my wife claim them or sell them?

  2. c3shooter

    c3shooter Administrator Staff Member

    You really need to kick this one around with an attorney- I never passed the bar (always stopped off for a beer)

    In GENERAL terms- a felon may not POSSESS a firearm. That means to hold one, or have the ability to hold one. If they are in the house and not physically secured, or under direct physical control of another person- you would be considered to constructively possess that gun.

    That's 5 years, no probation.

    I only offer that since I have a stepbrother who made some bad choices as a young man- when he visits our home, my stuff that is not on my belt needs to go under lock.

    You CAN own a gun, and you CAN sell a gun- but you cannot possess a gun. You REALLY do not want to TOUCH a gun- your best bet may be to find a dealer that will sell them on consignment- have the dealer recieve them directly from the estate so that you are never in the chain of custody- and do talk with a lawyer.

  3. Mt1881

    Mt1881 New Member

    Gotcha. I will contact a lawyer and get the specifics.

    I'm not crazy enough to bring em near me without knowing the laws. They are tucked away 3 hours east of me. Better safe than sorry. :)
  4. JonM

    JonM Lifetime Supporting Member Lifetime Supporter

    Don't get just any attourney. Consult a few local dealers for recomendations on ones familiar with firearms issues.
  5. candmprecisionguns

    candmprecisionguns New Member

    I would not have them in your house!!!
  6. CourtJester

    CourtJester Well-Known Member

    Not sure of any info on you post but You can always post a list of the firearms you'd be willing to sell and what you want for them.
  7. Jesse17

    Jesse17 New Member

    ^^ Yep, that's the best advise I see in this thread! ;)
  8. RoGrrr

    RoGrrr New Member

    Not sure why you want to sell them but if you don't REALLY want to sell them, check with an attorney about a statute called EXPUNGEMENT. There are a list of felonies that can be expunged and then you might be able to own a gun.

    I know a fella who also had a felony and several years after the end of his incarceration followed by probation, he applied for and received an expungement. I believe the 4473 also explains that expungement allows a former felon to purchase/own a gun.

    Your call, states vary, tho.