Legal Question in Criminal Law in Washington

In Washington State can a Felon from California live in the same house as firearms that are unlocked. If the police showed up would both the felon and gun owner be in trouble or just the felon?


Asked on 3/07/11, 8:35 am

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Ultimately, the issue is one of possession - either actual or constructive. Simply being in the same room as firearm on the table does not mean the felon possessed the firearm. The inquiry would focus on may factors - presence of others, location, etc.

In a single instance, one might be able to defend against allegations of possession. However, when you are talking about residing in a house where firearms are present 24/7, it becomes much more difficult to support a defense that the felon "never" had actual or constructive possession. A resident may have constructive possession of firearms in a locked safe, particularly if the resident knows the lock combination or location of the key.

Consider removing the firearm disability under Washington state law, which may be possible if the felon has not been convicted of a crime in the past 5 years. Note that to be clear under federal law within Washington, the felon must be clear to possess firearms under California law.

Read more
Answered on 3/07/11, 12:12 pm


Related Questions & Answers

More Criminal Law questions and answers in Washington