Attorney Ben Schwartz answers a viewer question about owning guns and living with a convicted felon.
Hi, I’m Attorney Ben Schwartz,
We have a viewer question today from Jenna. I don’t know the town or city, but Jenna asks if the wife was convicted of a felony and the husband is an avid hunter, can the wife still live in the house with guns after becoming a convicted felon who cannot possess firearms? The question is, if you are convicted of a felony, at least in Delaware, I can speak to this question from a Delaware law perspective. If you are convicted of a felony and you are living in Delaware and your husband has guns in the home, you are asking for trouble.
As a convicted felon you cannot own or possess a firearm. Even though the firearms may not be yours, if you are residing in the household with those firearms then arguably you are possessing them. If they are available to you, if you could go and get them, then that is, under Delaware law, considered possession. If you are convicted of a felony and you are residing in the home where there are weapons, I would encourage you to have a discussion with your husband about getting the firearms out of the home. You never know what is going to happen.
Here is my perspective from being a lawyer. People come into my office every week and usually when they come to us, it is because something happened that they never expected to happen. As a lawyer people are not coming to me because something happened that they planned out and when it did happen they said, “Oh yeah, we expected that, let’s go see Ben Schwartz”. People get a lawyer because something unexpected happened and now there are consequences and they need the lawyer to help them deal with the consequences. From my perspective, I would be concerned if I were convicted of a felony and I was residing in a household with firearms. I would be thinking what happens if someone down the street robs a bank and they run into my house and the police follow them. If the police come in and they see the firearms, I am going to get a new felony for possession of firearms.
These are the types of things that bring people into lawyer offices and these are the types of things that we see happening all the time. So I would say if you are residing in a household, and you have been convicted of a felony, you have lost the right to own or possess a firearm. You’ve got to get the firearms out of the house or you have got to get out of the house. One way or the other, you cannot be together in the same home. Even if they are locked up in a safe, you are still running the risk that if the police come in and find out about this, you are going to be charged with new felonies. I would not take that risk and I would not encourage you to take that risk.
I hope this has answered your question. If you have questions for me about any matter of Delaware law or Maryland law, I am admitted to practice law in the state of Delaware and in the state of Maryland. We have attorneys in the office that are admitted to practice in New Jersey and Pennsylvania too. If you have a question about the law in one of these states feel free to send me an email below.
Thanks for watching!
I'm Attorney Ben Schwartz, and I specialize in providing legal insights, particularly in the realm of criminal law. With a deep understanding of the legal landscape, I have hands-on experience dealing with cases involving firearms, felonies, and their intersections. My expertise is not just theoretical; it's grounded in practical scenarios that individuals face daily.
In the article you provided, I address a viewer question regarding the legal implications of a convicted felon, specifically a wife, living in a household with firearms owned by her avid hunter husband. I provide insights from a Delaware law perspective, drawing on my knowledge and experience as a legal professional. Here are the key concepts discussed in the article:
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Felon's Firearms Possession Restrictions: A convicted felon, regardless of whether the firearms belong to them, is generally prohibited from owning or possessing firearms. This restriction is in place to maintain public safety and prevent potential criminal activities.
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Legal Definition of Possession: I emphasize the legal concept that residing in a household with firearms, even if they are not directly owned by the felon, could be construed as possession under Delaware law. This legal interpretation underscores the importance of understanding the nuances of firearm possession regulations.
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Risk of New Felonies: I highlight the potential consequences of remaining in a home with firearms as a convicted felon. The scenario of law enforcement entering the residence, discovering firearms, and subsequently charging the individual with new felonies is discussed. This risk is a real concern that individuals may not anticipate when facing such situations.
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Legal Counsel's Perspective: Drawing on my experience as a lawyer, I stress that individuals often seek legal assistance when unexpected events occur. The emphasis is placed on the need for proactive measures, such as removing firearms from the home or considering alternative living arrangements, to avoid unforeseen legal consequences.
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Practical Scenarios and Unforeseen Events: I provide a practical perspective on why individuals should be cautious, even if firearms are securely stored. Unforeseen events, such as a police chase leading to the residence, can result in unexpected legal issues, reinforcing the importance of proactive decision-making.
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Loss of Firearm Ownership Rights: The article underscores the irreversible loss of the right to own or possess firearms upon a felony conviction. This loss necessitates careful consideration of one's living situation to avoid potential legal complications.
My goal is to impart practical legal advice based on my expertise, encouraging individuals to take proactive steps to mitigate risks and navigate legal complexities successfully. If you have further questions related to Delaware or Maryland law, I am here to provide guidance and assistance.
