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

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. Potentially getting a handgun was always something I was planning and has nothing to do with my wife or her crime

interesting question, I doubt you can get into trouble, but will follow ..

Is your wife legally prohibited from possessing a firearm?

If her crime was a felony she can't even be around firearms.

1927 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

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Blue Diamond said:

If her crime was a felony she can't even be around firearms.

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Felony jail terms are generally 1 or more years in jail or Prison.

if she only did 6 months its more likely she only had a misdemeanor.

describing what she did or crime she committed would help explain your dilemma. but yes if she has a felony and you both live in the same household she is not allowed to be around any firearm, and if caught would go back to jail.

it is a misdemeanor though one that resulted in jail time

1927 said:

it is a misdemeanor though one that resulted in jail time

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I think DV the only misdemeanor that takes away ones gun rights.

If spouse was convicted of felony, I think there was somthing saying that you can own a firearm as long as it stays locked up with only you having key or combo, now how you prove that idk,

I would be unconstitutional to strip your right to own firearms because another person lost theirs. If your wife is a prohibited person you can still own firearms. However, you have to be careful that she is never in possession of said firearms. This could be actual possession, her having the gun on her person, or constructive possession, her having the ability to control the firearm. For instance, if you both live in the same house, having a gun in your nightstand drawer could land her a constructive possession charge, since she can exercise dominion over it and it's in her house. However, if you keep it locked in a safe and she does not know the combination you may be in the clear because she can not control the firearm. Alternatively, if you wanted to be extra safe, you could keep them at a friend/family members house. If she lands a constructive possession charge for you having a gun in the house, you probably have bigger things to worry about as to why the police are searching your house in the first place. I would consult an attorney knowledgeable on the topic before taking any internet advice. Good luck!

1927 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. Potentially getting a handgun was always something I was planning and has nothing to do with my wife or her crime

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I am not a lawyer. I think the relevant code section is

§95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies
A. It is unlawful for any person who has been convicted of a crime of violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime which is defined as a sex offense in R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the above-enumerated crimes, to possess a firearm or carry a concealed weapon.

Note that the statute specifies certain felonies, not all.

Also, not sure how much time has transpired since her sentence was completed but this section of 95.1 may be relevant...

C. The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of certain felonies shall not apply to any person who has not been convicted of any felony for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence.

I read 95.1 to not include a misdemeanor. But a domestic violence charge might change that.

As always, consult a lawyer to be sure.

If it's a mist. You are fine, if it's a felony it's obvious she can't have it in her possession, now you can carry I while she is with you open or concealed, but she prob can be charged if you set it down, put it in the glove box ect without being "locked" with only you having key or combo, they might also be able to charge you if you allow it to be in her possession by putting it on the seat of a car ect, accessories to a crime, or knowingly not controlling a firearm around a convicted fellon, but as long as it is locked it in your physical possession I would think you are good

Bo and Luke got around this problem with compound bows and explosives.

First step would be determining if she can legally possess a gun or not. If she can't, like stated above it all comes down to access. You can have a gun as long as she has no ability to access or take possession of it. I can only see this really being a problem if she took possession of the weapon and commited a crime, as you could then be possibly charged with providing a firearm to a prohibited person, in addition to whatever her charges were.

As always, I am not a lawyer and this is my interpretation based on doing research last time this was asked.


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§2. Definitions
A. In this Code the terms enumerated shall have the designated meanings:
(1) "Another" refers to any other person or legal entity, including the state of Louisiana or any subdivision thereof.
(2) "Anything of value" must be given the broadest possible construction, including any conceivable thing of the slightest value, movable or immovable, corporeal or incorporeal, public or private, and including transportation, telephone and telegraph services, or any other service available for hire. It must be construed in the broad popular sense of the phrase, not necessarily as synonymous with the traditional legal term "property." In all cases involving shoplifting the term "value" is the actual retail price of the property at the time of the offense.
(3) "Dangerous weapon" includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm.
(4) "Felony" is any crime for which an offender may be sentenced to death or imprisonment at hard labor.
(5) "Foreseeable" refers to that which ordinarily would be anticipated by a human being of average reasonable intelligence and perception.
(6) "Misdemeanor" is any crime other than a felony.
(7) "Person" includes a human being from the moment of fertilization and implantation and also includes a body of persons, whether incorporated or not.
(8) "Property" refers to both public and private property, movable and immovable, and corporeal and incorporeal property.
(9) "Public officer", "public office", "public employee", or "position of public authority" means and applies to any executive, ministerial, administrative, judicial, or legislative officer, office, employee or position of authority respectively, of the state of Louisiana or any parish, municipality, district, or other political subdivision thereof, or of any agency, board, commission, department, or institution of said state, parish, municipality, district, or other political subdivision.
(10) "State" means the state of Louisiana, or any parish, municipality, district, or other political subdivision thereof, or any agency, board, commission, department, or institution of said state, parish, municipality, district, or other political subdivision.
(11) "Unborn child" means any individual of the human species from fertilization and implantation until birth.
(12) "Whoever" in a penalty clause refers only to natural persons insofar as death or imprisonment is provided, but insofar as a fine may be imposed "whoever" in a penalty clause refers to any person.
B. In this Code, "crime of violence" means an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. The following enumerated offenses and attempts to commit any of them are included as "crimes of violence":
(1) Solicitation for murder.
(2) First degree murder.
(3) Second degree murder.
(4) Manslaughter.
(5) Aggravated battery.
(6) Second degree battery.
(7) Aggravated assault.
(8) Mingling harmful substances.
(9) Aggravated or first degree rape.
(10) Forcible or second degree rape.
(11) Simple or third degree rape.
(12) Sexual battery.
(13) Second degree sexual battery.
(14) Intentional exposure to AIDS virus.
(15) Aggravated kidnapping.
(16) Second degree kidnapping.
(17) Simple kidnapping.
(18) Aggravated arson.
(19) Aggravated criminal damage to property.
(20) Aggravated burglary.
(21) Armed robbery.
(22) First degree robbery.
(23) Simple robbery.
(24) Purse snatching.
(25) Extortion.
(26) Assault by drive-by shooting.
(27) Aggravated crime against nature.
(28) Carjacking.
(29) Illegal use of weapons or dangerous instrumentalities.
(30) Terrorism.
(31) Aggravated second degree battery.
(32) Aggravated assault upon a peace officer.
(33) Aggravated assault with a firearm.
(34) Armed robbery; use of firearm; additional penalty.
(35) Second degree robbery.
(36) Disarming of a peace officer.
(37) Stalking.
(38) Second degree cruelty to juveniles.
(39) Aggravated flight from an officer.
(40) Repealed by Acts 2014, No. 602, §7, eff. June 12, 2014.
(41) Battery of a police officer.
(42) Trafficking of children for sexual purposes.
(43) Human trafficking.
(44) Home invasion.
(45) Domestic abuse aggravated assault.
(46) Vehicular homicide, when the operator's blood alcohol concentration exceeds 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood.
Amended by Acts 1962, No. 68, §1; Acts 1976, No. 256, §1; Acts 1977, No. 128, §1; Acts 1989, No. 777, §1; Acts 1992, No. 1015, §1; Acts 1994, 3rd Ex. Sess., No. 73, §1; Acts 1995, No. 650, §1; Acts 1995, No. 1223, §1; Acts 2001, No. 301, §2; Acts 2002, 1st Ex. Sess., No. 128, §2; Acts 2003, No. 637, §1; Acts 2004, No. 651, §1; Acts 2004, No. 676, §1; Acts 2006, No. 72, §1; Acts 2008, No. 619, §1; Acts 2010, No. 387, §1; Acts 2010, No. 524, §1; Acts 2014, No. 194, §1; Acts 2014, No. 280, §1, eff. May 28, 2014; Acts 2014, No. 602, §7, eff. June 12, 2014; Acts 2015, No. 184, §1; Acts 2016, No. 225, §1.

Look at the part concerning "crimes of violence."

JR1572

The OP is in Mississippi according to his sig info. So it must be determined if LA law or Miss laws apply at to his location. I am assuming it Miss, not LA.

1927 can you ask the local court system that convicted your wife as to what the law is you need to follow. It would be a real shame to get it wrong and make matters worse.

Request Dust Off said:

The OP is in Mississippi according to his sig info. So it must be determined if LA law or Miss laws apply at to his location. I am assuming it Miss, not LA.

1927 can you ask the local court system that convicted your wife as to what the law is you need to follow. It would be a real shame to get it wrong and make matters worse.

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Apparently fraud charge in mississippi is a misdemeanor, he nor his wife will be bared to own or possess a firearm.

Pacioli said:

I am not a lawyer. I think the relevant code section is

§95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies
A. It is unlawful for any person who has been convicted of a crime of violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime which is defined as a sex offense in R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the above-enumerated crimes, to possess a firearm or carry a concealed weapon.

Note that the statute specifies certain felonies, not all.

Also, not sure how much time has transpired since her sentence was completed but this section of 95.1 may be relevant...

C. The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of certain felonies shall not apply to any person who has not been convicted of any felony for a period of ten years from the date of completion of sentence, probation, parole, or suspension of sentence.

I read 95.1 to not include a misdemeanor. But a domestic violence charge might change that.

As always, consult a lawyer to be sure.

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14.95.1 is not the only law barring and or restoring felon gun rights. As long as it wasn't a conviction for a 14:2b crime of violence you are required to have an expunction of the felony charge(s) along with the 10 year provision stated in 95.1. 40:1379.3(c)(6)&(10) were amended and reenacted as of 8/1/16 to state this. There is a thread on BS talking about HB142/act212 the act that amends 40.1379.3.

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