guns in the house of a convicted felon

Question
QUESTION:   Husband convicted of felony and barred from having guns has gun in house with spouses knowledge. Is she committing a crime by having this knowledge and doing nothing about it?

ANSWER: Val,

Under Federal law, anyone who knowingly transfers or provides a firearm to a convicted felon is guilty of a felony crime themselves.  Convicted felons are not permitted to own or possess any firearm unless their civil rights have been restored by an order of the court.  By having the firearms in the home and accessible to her convicted felon husband, it would be my view that she is violating federal law.

Best regards,

Doug Little

---------- FOLLOW-UP ----------

QUESTION: The firearm under discussion beloged to the husband not the wife. Would she still be considered as violating the law?

Answer
Val,

If the husband is a prohibited possessor and prohibited from owning a firearm and still maintains possession of a firearm, the husband is committing a felony crime.  The law on prohibited possessor status says nothing about the legality of a spouse 'knowing' they are in possession of a firearm.

To get a really authoritative answer on this, you should probably consult an attorney.  In my opinion, the following applies:  first, the spouse cannot be compelled to testify against her husband.  This is a choice on her part, but she cannot be compelled.  Second, a prosecutor might try and argue that she was 'aiding and abetting' a known felon in the commission of a crime (illegal possession of a firearm).

The short answer is that I do believe she might be at some legal risk since she is aware that her husband is a prohibited possessor and has a firearm.  If she were unaware, the legal risk would be significantly less, but since she knows and has taken no action, she could be found complicit.  Please understand that is my PERSONAL opinion and should not be considered to be any attempt at giving you legal advice which I cannot give since I am not an attorney.

I hope this answers your question...

Best regards,

Doug Little