National Carry AcademyWhat are Your Concealed Carrier Rights if You are Married to a Felon?
February 11, 2019
The answer to this question is complicated. There is no one right answer as it varies from state to state. Whether you—as the spouse of a felon—have concealed carry rights depends upon the state in which you, personally, reside.
Here’s an example: If you live in New Jersey, you may be denied a concealed carry permit. You may be banned from buying a gun of any kind. Other states have different rules.
Here’s the explanation: It’s not just felons who are denied the right to possess weapons and to have concealed carry permits. If your significant other—not even someone to whom you are legally married—has been charged with a crime like domestic abuse your right to concealed carry is revoked.
There are several crimes which then make it illegal for the felon and his/her significant other to have a concealed carry weapon. If there is a restraining order, that person may not possess a firearm.
Should police find an unsecured gun in a felon’s home that can be confiscated. Moreover, as the significant other you could be charged for allowing a felon potential access to a weapon.
It’s not just a felon’s significant other who is affected by this. If the felon’s children or his/her parents live with the felon then the same rules apply regarding unsecured weapons.
In some states, you simply cannot live in the same house as a felon and own a firearm. In other states, you may own one as long as it is secured. Because the law differs from state to state your best bet is to discuss your right to have a concealed carry with an attorney.
What measures are considered securing your weapon? Again this varies from state to state. In many states having your firearm in a gun safe is considered adequate securing. In other states, this is not sufficient. It’s not enough to satisfy federal restrictions. Be sure to check our any additional restrictions applied by the state in which you live.
If the felony is deemed a non-violent offense, the charges can sometimes be reduced to a misdemeanor. That changes what most states stipulate about concealed carry permits.
When states issue a concealed carry permit, they must do background checks. These checks may be limited solely to the applicant. Other states must also investigate the people who share the applicant’s home—related or otherwise.
If you share a house with a felon, don’t hope this fact will not come up in the concealed carry permit application investigation. Be proactive. Check your bases with a lawyer especially one who deals with such issues.
Some states do not require a concealed carry permit. Nor do these residents of such states need a permit to carry their gun to any other state. Ironically though Idaho does not require its residents to have a permit to carry a concealed weapon, if you are visiting Idaho from another state you cannot carry a concealed weapon while in Idaho—even if you have a concealed carry permit from another state!
In Vermont and New Hampshire, if you are a resident, you do not need a concealed carry permit. But, if you want to carry that weapon to another state, you need a permit to do so.
If you are married to a felon and want to carry a concealed handgun, in all likelihood you can continue to carry that weapon so long as you show proof that your gun is not accessible to the felon.
Should you and that felon move, then the issues of your concealed carry permit may well change and you will be back to checking the state laws again. Never assume it’s all okay until you’ve checked. You could lose your license, your weapon or even face criminal charges!
What are Your Concealed Carrier Rights if You are Married to a Felon?
February 11, 2019
The answer to this question is complicated. There is no one right answer as it varies from state to state. Whether you—as the spouse of a felon—have concealed carry rights depends upon the state in which you, personally, reside.
Here’s an example: If you live in New Jersey, you may be denied a concealed carry permit. You may be banned from buying a gun of any kind. Other states have different rules.
Here’s the explanation: It’s not just felons who are denied the right to possess weapons and to have concealed carry permits. If your significant other—not even someone to whom you are legally married—has been charged with a crime like domestic abuse your right to concealed carry is revoked.
There are several crimes which then make it illegal for the felon and his/her significant other to have a concealed carry weapon. If there is a restraining order, that person may not possess a firearm.
Should police find an unsecured gun in a felon’s home that can be confiscated. Moreover, as the significant other you could be charged for allowing a felon potential access to a weapon.
It’s not just a felon’s significant other who is affected by this. If the felon’s children or his/her parents live with the felon then the same rules apply regarding unsecured weapons.
In some states, you simply cannot live in the same house as a felon and own a firearm. In other states, you may own one as long as it is secured. Because the law differs from state to state your best bet is to discuss your right to have a concealed carry with an attorney.
What measures are considered securing your weapon? Again this varies from state to state. In many states having your firearm in a gun safe is considered adequate securing. In other states, this is not sufficient. It’s not enough to satisfy federal restrictions. Be sure to check our any additional restrictions applied by the state in which you live.
If the felony is deemed a non-violent offense, the charges can sometimes be reduced to a misdemeanor. That changes what most states stipulate about concealed carry permits.
When states issue a concealed carry permit, they must do background checks. These checks may be limited solely to the applicant. Other states must also investigate the people who share the applicant’s home—related or otherwise.
If you share a house with a felon, don’t hope this fact will not come up in the concealed carry permit application investigation. Be proactive. Check your bases with a lawyer especially one who deals with such issues.
Some states do not require a concealed carry permit. Nor do these residents of such states need a permit to carry their gun to any other state. Ironically though Idaho does not require its residents to have a permit to carry a concealed weapon, if you are visiting Idaho from another state you cannot carry a concealed weapon while in Idaho—even if you have a concealed carry permit from another state!
In Vermont and New Hampshire, if you are a resident, you do not need a concealed carry permit. But, if you want to carry that weapon to another state, you need a permit to do so.
If you are married to a felon and want to carry a concealed handgun, in all likelihood you can continue to carry that weapon so long as you show proof that your gun is not accessible to the felon.
Should you and that felon move, then the issues of your concealed carry permit may well change and you will be back to checking the state laws again. Never assume it’s all okay until you’ve checked. You could lose your license, your weapon or even face criminal charges!