In some cases, the prosecutor could argue that the felon has some sort of control over the gun since he is your husband. From burglary to assault, there are many ways criminals can find their way into homes and cause harm. Be sure to keep records and have the guns permitted in your name with the keys to the gun cabinet in your possession. However, this may not be good enough for all prosecutors and judges. Though it is not illegal, it is tricky for you to own a gun when your husband is a felon. In many parts of the US, people can legally hunt with guns. So what is the problem with felons and guns? Even with extra precautions, this access can be open to interpretation. A suicidal person in the home may also opt to use a gun. While they might not be in any danger, they risk putting their partner back in prison. If … Often, the mere threat of getting shot can cause an offender to flee. Outside of home protection, guns can also be used to hunt. Even as a modernized Western nation, the US still suffers from criminal activity. For millions of people, the risks however outweigh the benefits, hence growing gun ownership. Federal crimes are however only pardoned by the POTUS through the Department of Justice. The Gun Control Act of 1948 makes it illegal for felons to possess any firearms upon conviction. In some places, a gun can also provide protection against wild animals like coyotes and bears. You could opt to rescue and train a dog. Those convicted of serious felonies like armed robbery and murder are unlikely to be pardoned. This can be a genuine concern for those that have no criminal record. Even without having the gun in their actual possession, a felon must avoid any association. If they are available to you, if you could go and get them, then that is, under Delaware law, considered possession. Pardons are however often hard to come by. However, as said, federal laws supersede state laws. The desire to protect your family and belongings makes it tempting to consider this option. As long as your wife doesn't have any disqualifying reasons, she can own a firearm. And it does work as a strong deterrent. This can provide a good food source for the household. On the downside, there is the risk of accidental injury. This makes it hard for many spouses to decide whether to have a gun in the home. Some spouses may take the precaution of keeping their guns under lock and key. This problem has given rise to questions like: Can I own a gun if my husband is a felon? The only way that a felon may have these rights restored is through a pardon. Ensure that you do not keep any firearms or ammo in the home to avoid complications. Constructive possession means the felon may have some control or knowledge of the gun in the house. This in turn will be linked to other residents and could lead to legal charges. So if charged by federal authorities, a felon may face up to 10 years in prison as punishment. They know that if detected, they may end up shot. They can have it in a gun locker, locked in a room they access alone. A pardon may be granted by the state through the governor’s office. There can be added complications if the felon is found to have ever had the gun in their physical possession. One of the best ways to keep off charges is to agree that you will not have the gun around. Others will restore gun rights automatically to non-violent felons upon completion of their sentences. People feel safer and more confident in tackling any home intrusion. It's not just ownership - it's the "possession" that could hurt you. But the risk here applies to any other resident in the home that is a felon. If you have access to it - and it would be an uphill battle to prove you didn't have access to something in your common house - then you can be found in "possession" of it. Before we address the issue of felons and guns, let’s look at why someone would need a gun. You can also invest in a home surveillance system. Different states have different laws and penalties that apply to felons found in possession of firearms. The cameras and alarms can also be highly effective in discouraging any intruders. However, this right can become difficult to pursue when you have a felon in the household. A pardon based on innocence revokes the criminal prosecution and restores full rights. As a federal law, it overshadows any contrary state laws that may permit felons this right. This problem has given rise to questions like: Can I own a gun if my husband is a felon?
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