In Ohio can a spouse of a convicted felon own gun if they keep it in gun safe in home?

Answer 1

This is only an opinion. I feel that spouses of convicted felons should have the right to possess firearms. Why should a spouse lost their right to exercise the Second Ammendment. Should a spouse also lose voting priviledges? Driving priviledges if spouse drives drunk? NO! This is guilty before commiting a crime. With the state our system is in there is no way you could have any faith in "innocent until proven guilty." Why should a spouse be punished for being innocent?

ANSWERYes, the spouse of a convicted felon has all the rights they would normally enjoy under the law. The only thing to keep in mind is that the handgun/long-gun cannot be in the care/custody/control of a felon at anytime. meaning: It must be locked up in a gunsafe or otherwise not accesable to the felon if the spouse is out or even at home.

If the police should have reason to enter the shared home and locate the firearm in the open, they would have to fully believe that it was the non-felon spouse who had full care/custody/control of the firearm over the spouse with a felony. Having the firearm being in the open and able to be accesable to the felon would be a potential charge.

Best thing to do in a situation such as this is to petition the courts through a lawyer to have the felony expunged from the record, or to petition the Govenor of your state for a pardon. In either method you'd be improving your chance of success by retaining a lawyer.

ADDITIONAL NOTE: Even if the felony is expunged not all states restore full rights, including firarms rights. You will have to research your particular state laws to determine which course your state follows. ALSO: If it was FEDERAL CRIME you were convicted of you can NEVER regain your firearm possession rights. No means currently exists, at the federal level, that allows this.