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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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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
Please take advise given and contact a local attorney. If there is someone in household with a felony in a lot of cases there can not be a firearm there. But get legal advise.
 

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Agreed on talking to someone in the legal profession as well as the law enforcement people involved in her specific case. If she's got a PO, talk to them. I'd also contact the county sheriff and your local LE organization as well. In essence, talk to the people who will be enforcing the law if you run afoul of it and find out what they'd view as a problem and what they would view as permissible.
 

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If you're concerned talk to an attorney who is familiar with firearms laws. Many police officers and other law enforcement people are NOT experts in such things...many have only a broad understanding.

I'm not an expert either, but I believe that it is not a problem for YOU to own a gun, but your wife(if she is a prohibited person) is not allowed to possess it or have access to it. For example you could keep it locked in a safe that she does not know the combination to.
 

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The reason I suggested talking to involved LE's is they are the ones who will be enforcing their understanding of the laws if push comes to shove, so understanding their interpretations, I think, is valuable.

I also agree that a lawyer would be best, and one who has defended such cases successfully would be the one I'd want to talk to.
 

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The reason I suggested talking to involved LE's is they are the ones who will be enforcing their understanding of the laws if push comes to shove, so understanding their interpretations, I think, is valuable.

I also agree that a lawyer would be best, and one who has defended such cases successfully would be the one I'd want to talk to.
I get what you're saying there is certainly discretion involved, but you could put 10 law enforcement officers in a room and possibly get 10 different answers. You could also ask 10 local cops and they would all say the same thing, but then an ATF agent comes into your home and it turns out that the 10 cops were all wrong. There is a reason that cops often have to consult the district attorney when filing charges. The law is the law and the Courts interpretations of it are what matters. I'm not saying anything bad about cops, I know a lot of them and I know their limitations.
 

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Call the NRA. by the way welcome to Huntingpa.com forum.
I would think you be allowed.
You did not do anything wrong.
Get a safe so she will not have access.
You are on a hunting forum so I would assume you have hunting rifles in your house so what is the difference. Its a firearm
 

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The only thing I'd want from the NRA on this would be a recommendation on legal services that would be knowledgeable. I seriously doubt they'll have any direct info to share. Maybe at the federal level, but I'd want to be sure I was on the level with Fed, state, and any local or probation office rules (she may have a probation she's serving, and that's a whole other matter.....where there could be rules by her PO put in place that would not be laws, but could cause her to violate her probation if not followed.).
 

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Call the NRA Call an lawyer.
DO NOT ASK LAW ENFORCEMENT!!!! They cannot answer the question for you! Because they don't determine if a person is or isn't allowed to have a gun the DA will be the people to determine if an issue arises weather or not to prosecute you for having it.
1 - If she is prohibited then it cannot be in the house! doesn't matter if it's in a safe with her not knowing the combo or having keys.
2 - everything else needs to be handled after she gets out. the only full proof safe way to save your bacon is to have her apply and receive a concealed carry permit from the sheriff. If she is Ok'd then you are ok it's that simple. and no one gets in trouble.
 

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I'm mixing my terminology. My intent was to suggest talking to the DA for the area.

Poor word choice on my part.
 

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Getting it in writing is the hard part cuz they can change there minds at any time.
 

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Call the NRA Call an lawyer.
DO NOT ASK LAW ENFORCEMENT!!!! They cannot answer the question for you! Because they don't determine if a person is or isn't allowed to have a gun the DA will be the people to determine if an issue arises weather or not to prosecute you for having it.
1 - If she is prohibited then it cannot be in the house! doesn't matter if it's in a safe with her not knowing the combo or having keys.
2 - everything else needs to be handled after she gets out. the only full proof safe way to save your bacon is to have her apply and receive a concealed carry permit from the sheriff. If she is Ok'd then you are ok it's that simple. and no one gets in trouble.
I'm sorry to tell you but this is really not true. Being able to possess or purchase a firearm and being granted a license to carry firearms are two different things. License to carry varies widely from county to county, and while they're usually more stringent than being allowed to purchase or possess it's certainly not a "full proof way"
 

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I'm sorry to tell you but this is really not true. Being able to possess or purchase a firearm and being granted a license to carry firearms are two different things. License to carry varies widely from county to county, and while they're usually more stringent than being allowed to purchase or possess it's certainly not a "full proof way"
Same check is done through the PICS system for both. If anything the CC permit can be tougher if a county has some special rule that is on top of the check, but yes it's full proof because if you get the permit your ok.


I deal with PICS every day.
 

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Same check is done through the PICS system for both. If anything the CC permit can be tougher if a county has some special rule that is on top of the check, but yes it's full proof because if you get the permit your ok.


I deal with PICS every day.
That's what I'm saying is that it is sometimes tougher to get a license to carry because they can deny you for things like "being of poor character". So therefore you can be denied a license to carry, but that doesn't mean that you're not allowed to own or possess a gun. On the other hand there is people who can get a license to carry from another state but they will be denied by PICS when trying to purchase a gun.

I get what you're saying, if you can get a license to carry then you're ok.

I'm just saying that even if you are denied a license to carry you may still be able to possess a firearm.
 

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That's what I'm saying is that it is sometimes tougher to get a license to carry because they can deny you for things like "being of poor character". So therefore you can be denied a license to carry, but that doesn't mean that you're not allowed to own or possess a gun. On the other hand there is people who can get a license to carry from another state but they will be denied by PICS when trying to purchase a gun.

I get what you're saying, if you can get a license to carry then you're ok.

I'm just saying that even if you are denied a license to carry you may still be able to possess a firearm.
Agreed
your always ok in Armstrong county not only do they not check references but they just take the paper and run it then you walk out with it LOL I know some look into it further.
 

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it all depends on the condition of her parole and other circumstances.

you may not be able to have a firearm in the home or even alcohol. she may not even be able to go to dinner where they serve alcohol when she gets paroled.

ask a lawyer or her probation officer and follow all conditions of the parole contract.

when the Parole officer does a house check and collects the urine sample, having even ONE beer in the fridge can send her back to jail for violating her probation even if the beer is yours.
one word of caution....just because they collected a urine sample doesn't mean they wont be back later the same day to get another one. that's how they catch the people who think they are smarter than them.


ALSO:

i understand you are asking questions on other forums besides this one. i guess thats ok, but keep in mind you will be given honest info, ok info and just plain bad advice. if you follow the bad advice and something happens, just remember that "i was told it was ok to do this on the internet" will not get you or your wife or anyone out of trouble.

you should be following thru with the prison counselor, your wifes attorney and the probation office when she gets paroled. the probation office will not give you any info right now as she doesnt have a PO until she gets paroled.

get all the info and answers in writing, your opinion and hearsay mean nothing with out proof.
 
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Call the NRA Call an lawyer.
DO NOT ASK LAW ENFORCEMENT!!!! They cannot answer the question for you! Because they don't determine if a person is or isn't allowed to have a gun the DA will be the people to determine if an issue arises weather or not to prosecute you for having it.
1 - If she is prohibited then it cannot be in the house! doesn't matter if it's in a safe with her not knowing the combo or having keys.
2 - everything else needs to be handled after she gets out. the only full proof safe way to save your bacon is to have her apply and receive a concealed carry permit from the sheriff. If she is Ok'd then you are ok it's that simple. and no one gets in trouble.
DO NOT DO THIS UNLESS SHE IS 100% SURE SHE CAN OWN A FIREARM! Here is Section 33 of the application. Note the very first line. If she signs this, and she is prohibited, she'll be back in trouble.


33. I have never been convicted of a crime that prohibits me from possessing or acquiring a firearm under Federal or State law. I am of sound mind and have never been committed to a mental institution or mental health care facility. I hereby certify that the statements contained herein are true and correct to the best of my knowledge and belief. I understand that if I knowingly make any false statements herein, I am subject to penalties prescribed by law. I authorize the sheriff, or his designee, or, in the case of first class cities, the chief or head of the police department, or his designee, to inspect only those records or documents relevant to information required for this application. If I am issued a license and knowingly become ineligible to legally possess or acquire firearms, I will promptly notify the sheriff of the county in which I reside or, if I reside in a city of the first class, the chief of police of that city. This certification is made subject to both the penalties of § 4904 of the Crimes Code, 18 Pa.C.S., relating to unsworn falsifications to authorities and the Uniform Firearms Act.
SIGNATURE - APPLICANT ___________________________________________________________ DATE OF APPLICATION
 
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