Bullet Points. Owning a Firearm When Your Spouse (or Significant Other) Is a Convicted Felon

Published on May 1, 2022
Duration: 3:18

This video from Washington Gun Law addresses the complex legalities of a law-abiding citizen owning a firearm when their spouse or significant other is a convicted felon. It clarifies that while the law-abiding citizen's rights are not directly affected, significant liability arises if the felon has access to or control over the firearm, potentially leading to charges of constructive possession under RCW 9.41.045.

Quick Summary

In Washington State, a law-abiding citizen can own a firearm even if their spouse is a convicted felon. However, the owner faces significant liability if the felon has access to, dominion over, or control of the firearm, potentially leading to constructive possession charges under RCW 9.41.045.

Chapters

  1. 00:00Introduction: Felon Spouse & Firearm Ownership
  2. 00:22Felony Conviction & Loss of Rights (RCW 9.41.040)
  3. 00:44Spouse's Rights vs. Felon's Rights
  4. 01:27Liability of Owning a Firearm with a Felon Cohabitant
  5. 01:53Constructive Possession Laws (RCW 9.41.045)
  6. 02:36Understanding Constructive Possession
  7. 02:56Complicity and Providing Firearms to Ineligible Persons
  8. 03:02Restoration of Gun Rights Discussion

Frequently Asked Questions

Can I legally own a firearm if my spouse is a convicted felon in Washington State?

Yes, as a law-abiding citizen, your right to own a firearm is not automatically revoked if your spouse is a convicted felon. However, significant legal risks arise if the felon has any access to or control over the firearm.

What is constructive possession regarding firearms and convicted felons?

Constructive possession means a convicted felon is deemed to be in possession of a firearm if they have dominion, control, or the authority to access it, even if they don't physically hold it. This is a key legal concept under RCW 9.41.045.

What are the legal consequences if my felon spouse has access to my firearm?

If a convicted felon cohabitant has access to your firearm, you could face charges for providing a firearm to an ineligible person. The felon could also face penalties for constructive possession, potentially leading to significant trouble.

How can I prevent legal issues when owning a firearm with a felon spouse?

To mitigate risk, ensure the firearm is stored securely, with access solely controlled by you. This means using safes with unique access codes and implementing other measures to prevent any possibility of the felon having dominion or control.

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