Bremerton man goes to prison for wife's guns

[drjoker]

If a felon has not broken any further laws after serving his/her time, then why not drop the firearms prohibition after a while?

Actually, this did not happen in Texas. IANAL, but in Texas, felons who have served their time and remained clean for 5 years, MAY own guns, black powder guns, that is.

Actually, it IS fair that he goes to jail for his wife's guns because if you're married, then community property applies. What's her is yours and vice versa. So, yes, you ARE responsible for your wife's property because it is also YOUR property.

This doesn't SEEM fair, but it actually IS fair.

Be careful of who you marry! Single guys never believe me, but you're not a free man after you get married. You are a part of a two person team and no longer a free single man.

So, his wife should've gotten black powder guns.

[57Coastie]

Actually, it IS fair that he goes to jail for his wife's guns because if you're married, then community property applies. What's her is yours and vice versa. So, yes, you ARE responsible for your wife's property because it is also YOUR property.

Just as a simple word of caution to our readers, Joker, this is a broad statement which may not always be true. In community property states a husband and wife often have separate property which they acqured before the marriage, and in certain community property states it may be possible for a spouse to acquire separate property even after the marriage. Not that it necessarily matters here, since, as others have pointed out, ownership and possession are two different things.

Jim

[marksiwel]

Actually, it IS fair that he goes to jail for his wife's guns because if you're married, then community property applies. What's her is yours and vice versa. So, yes, you ARE responsible for your wife's property because it is also YOUR property.

Just as a simple word of caution to our readers, Joker, this is a broad statement which may not always be true. In community property states a husband and wife often have separate property which they acqured before the marriage, and in certain community property states it may be possible for a spouse to acquire separate property even after the marriage. Not that it necessarily matters here, since, as others have pointed out, ownership and possession are two different things.

Jim

If she owned the guns BEFORE they Married, its hers, after its theres but in a divorce he would NEVER get them.

[chabouk]

Actually, it IS fair that he goes to jail for his wife's guns because if you're married, then community property applies. What's her is yours and vice versa. So, yes, you ARE responsible for your wife's property because it is also YOUR property.

The law bans possession, not ownership. The problem was that he had "constructive possession" of the guns, whether he touched them or not.

Let's say you put all your guns in your lawyer's safe because you were under felony indictment. You still own those guns, but you don't possess them. If you're convicted, you still own them, which isn't against the law. Your lawyer can hang onto them for you pending appeal, or he can sell them for you. On the other hand, if your brother is over says "Here, hold this for me" and hands you his gun, you would be guilty for possessing that gun, even if you didn't own it.

[hirundo82]

If a felon has not broken any further laws after serving his/her time, then why not drop the firearms prohibition after a while?

Actually, this did not happen in Texas. IANAL, but in Texas, felons who have served their time and remained clean for 5 years, MAY own guns, black powder guns, that is.

Per Texas law, a felon may possess firearms at home if it has been more than five years since his sentence was completed:

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

The federal prohibition, however, is lifelong.

As regards black powder firearms, they are not treated as firearms by federal law, nor by the laws of most states (including Texas). That is why you can buy them through the mail, and a felon can possess one at any time after his release (at least in most states).