# can you own a gun if your spouse was convicted of a crime



## 3500 (Dec 28, 2015)

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


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## Habitat Hugger (Jan 19, 2005)

I'm no attorney but I don't see why not. After all it is her crime, not yours. I'm assuming her crime is a felony which would prevent her owning a firearm when she gets out, etc.
However, a friend of mine had his son convicted of a drug rap of some kind, and at least while he was on probation and living with his dad, he wasn't to have any contact or access to firearms. I can't recall how his attorney advised his dad to handle this situation.
Best to check with your own attorney how this works.


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## huntin1 (Nov 14, 2003)

3500 said:


> 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


Not an Attorney, but the statute says,

62.1-02-01. Persons who are not to possess firearms - Penalty.
1. a. A person who has been convicted anywhere of a felony offense involving violence
or intimidation in violation of chapters 12.1-16 through 12.1-25 or an equivalent
felony offense of another state or the federal government is prohibited from
owning a firearm or having one in possession or under control from the date of
conviction and continuing for a period of ten years after the date of conviction or
the date of release from incarceration, parole, or probation, whichever is latest.
b. A person who has been convicted anywhere of a felony offense of this or another
state or the federal government not provided for in subdivision a or who has been
convicted of a class A misdemeanor offense involving violence or intimidation in
violation of chapters 12.1-16 through 12.1-25 or an equivalent offense of another
state or the federal government and the offense was committed while using or
possessing a firearm, a dangerous weapon, or, as defined in subsections 7 and 8
of section 12.1-01-04, a destructive device or an explosive, is prohibited from
owning a firearm or having one in possession or under control from the date of
conviction and continuing for a period of five years after the date of conviction or
the date of release from incarceration, parole, or probation, whichever is latest.

So, there are two questions,

1. Was the crime that your wife was convicted of a felony or a Class A Misdemeanor involving violence or intimidation?

2. Will she be able to exercise any level of control over the firearm, in other words, will she have access to it at any time?

If the answer to #1 is no, then #2 won't matter. If the answer to #2 is no, then #1 shouldn't matter either. If the answer to both is yes, she would be committing a Class C felony and in a worst case scenario, you could also be charged.

Again, I am not an attorney, to be absolutely positive about your situation you should contact one.


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## Ron Gilmore (Jan 7, 2003)

Don't get your advice here, speak to your attorney first and foremost. I have friends that have been down this road with kids living at home who had felony convictions. To ensure that neither he or his wife or the kid ran afoul of the law he took all his firearms to his dads place until the kid found a place of his own to live. Then the next issue is what a probation officer has to say.

It is simply the only smart thing to do regarding this issue.


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## Habitat Hugger (Jan 19, 2005)

Thanks for the link huntin1! Almost looks like the law might make a distinction between a violent type felony and a non violent felony like you seem to describe.
I sure agree with Ron though, having seen one friend in this position with his son. Get the answers from a competent attorney or parole officer. Someone that knows the ins and outs of the legalese language! I see medical advice passed along the Internet every day, some of which is accurate and some that makes me cringe! :-? 
Out of curiosity I'm sure we'd all appreciate an update on this question when you find out the answer for sure.


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