Can I Own A Gun If I Live With A Felon?

You already know that felons can’t own or possess guns unless they’ve had their firearms rights restored; but can a felon live in the same house with someone who owns a gun?

• What are your options as a felon if you need to move into a gun-owning household?
• What steps do gun owners need to take if a felon is returning to the family home soon?
• What are the penalties a felon faces for possession of a firearm?

Can A Felon Live In The Same House With Someone Who Owns A Gun?

Yes. The law allows felons to live in a household where another adult legally owns a gun.

However, the registered gun owner needs to store the weapon securely and ensure the felon cannot access or control the gun.

If a felon does have the ability to access a gun (even one owned by another person) they could be charged with constructive possession of a firearm, which is a felony.

To avoid the risk of a constructive possession charge, the following conditions must be met:

• The felon cannot know where the gun is hidden; OR
• The gun must be securely locked away; AND
• The felon cannot have access to the key or lock code

These examples will help you get a better understanding of how you can stay within the law when a gun is present in your home.

1. The gun is in an unlocked nightstand, in an unlocked box in the closet, or a similar unsecured location. The felon has access to this gun and is at risk of a constructive possession charge.

1. The gun is in a locked cabinet, locked gun safe, locked drawer, or similar secured location, and the felon knows where the key is. The felon has access to this weapon and is at risk of a constructive possession charge.

1. The gun is in a locked gun safe or other secured location, and the felon does not know where the key is kept. The felon does not have access to this weapon and is not at risk of a constructive possession charge.

1. The gun is hidden in a location where it can’t be easily discovered, and the felon does not know the location of the hiding place. The felon does not have access to this weapon and is not at risk of a constructive possession charge.

Understanding Constructive Possession

Constructive possession of a firearm means that a felon can get access to and control of a gun.

The gun doesn’t need to be in the physical possession of the felon or in their immediate reach for constructive possession to apply.

If a felon knows where a gun is kept and has unrestricted access to the weapon, they can be charged with constructive possession.

Any unsecured gun, whether in a home or a vehicle, to which a felon has open access puts a felon at risk of arrest.

Can A Felon Be Around A Person With A Gun?

Again, constructive possession would apply if the felon could potentially gain control of the weapon. Because of the severe penalties involved, felons should avoid being around unsecured firearms wherever possible.

Penalties For Constructive Possession

The penalties for constructive possession include jail time (typically up to 3 years) and fines.

Depending on state law, the registered gun owner could also face charges. In California, for example, a gun owner is guilty of a misdemeanor if they fail to secure their weapon when they know another resident is prohibited from owning or possessing firearms.

Check your local laws for more information about the penalties for constructive possession in your state.

Can I Own A Gun If I Live With A Felon?

Your family member is returning home from prison. You’re about to move in with a friend, partner, or roommate with a felony conviction. Can you still own a gun?

There aren’t any laws prohibiting gun owners from living with felons, so yes, you can continue to own a gun.

But you must make sure the gun is secure. As a registered gun owner, your state law may even make you responsible for ensuring your gun cannot be accessed or controlled by the felon.

If so, you could face charges if your unsecured weapon is found during a search by law enforcement officers.

Check your state law to find out the specific rules you’ll need to follow.

You should also know that felons on probation or parole are subject to having their home searched without notice.

The search will include common areas of the home along with any areas the felon has access to.

If the felon isn’t under a supervision order, police officers cannot search a home without a warrant.

Can A Felon Have A Gun In Their Own Home?

Felons living in Texas may be able to keep a gun in their own home. In Texas, felons can own a gun:

• As long as it remains in their home at all times; AND
• Their sentence ended at least 5 years ago

Felons in Texas cannot carry the firearm outside their home or in their vehicle.

In other states, felons can only own and have a gun in their home if their firearms rights are restored. Depending on state law, firearms rights may be restored:

• Automatically after a certain number of years
• Via a pardon
• Via expungement

Other residents in your home can own guns, but you cannot have any access to those weapons.

Check the state-by-state firearms rights restoration table at the Restoration of Rights project for more details.

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