March 03, 2022 Last Updated: October 3, 2024 by Anthony Riccio
Is it possible for a spouse to legally own a firearm when their partner is a convicted felon? This question is more common than you might think, especially in states like Massachusetts, where gun laws are among the strictest in the country.
While the Second Amendment gives citizens the right to bear arms, convicted felons lose this right. But what happens when a spouse, who has never committed a crime, wants to own a gun? Can they do so without putting their partner at risk?
Let’s explore the key factors involved, including the state’s gun laws, constructive possession, and ways to mitigate risks.
Massachusetts has long been a supporter of stronger gun controls. The state boasts some of the strictest firearm-related laws in the nation, regulating the possession, sale, and use of all firearms and ammunition:
A person may be qualified to receive an FID five years after release, probation, or parole. Felonies and misdemeanors will permanently disqualify an individual from an LTC.
Harsh firearm control laws have led to lower gun violence in Massachusetts. According to The Educational Fund to Stop Gun Violence, in the last reporting year:
When data reflects a positive correlation between harsh firearm laws and lower violence, officials may be encouraged to prosecute felons in possession of firearms to the fullest extent of the law. The “tough on crime” rhetoric is reflected in mandatory minimum sentences throughout the country.
The United States Sentencing Commission released a report focusing on the prevalence of felons illegally possessing firearms. The data shows:
Convicted felons who live with a person who legally possesses a firearm are taking a significant risk. Mitigating the risk will require special attention to the legal doctrine of possession, “constructive possession.”
The Second Amendment protects a spouse’s right to own a firearm. However, the potential consequences a convicted felon may face in close proximity to a gun can be extreme.
Under Massachusetts General Laws, a convicted felon found in possession of a firearm will face a mandatory minimum sentence of five years in prison. Spouses will need to weigh the benefits of one spouse rightfully owning a gun and the possible consequences to the other.
When it comes to gun laws and convicted felons, one key concept to understand is constructive possession. In Massachusetts, a convicted felon does not need to physically hold a firearm to be charged with illegal possession. If a felon is aware of a firearm in their vicinity and has the ability to control it, they can be charged with constructive possession.
To determine constructive possession, two conditions must be met:
For example, if a spouse keeps a firearm in a locked safe to which the convicted felon has no access, constructive possession may not apply. However, if the gun is left in plain sight or easily accessible, the felon may be at risk of being charged.
Unfortunately, real-world scenarios are rarely this straightforward. Proving whether a felon knew about a firearm in the house can be challenging and may rely on circumstantial evidence. If the gun is in a safe, proving the spouse did not have access to the code offers another set of challenges.
In rare cases, convicted felons can regain their right to own a firearm. However, this is a complicated legal process that requires the individual to either:
Felons considering this option should consult legal professionals to ensure they fully understand the risks and complexities of the process.
If a convicted felon is found with a firearm in Massachusetts, they can face serious legal consequences. Under state law, a felon convicted of possessing a gun faces a mandatory minimum sentence of five years in prison. Even if the felon doesn’t physically hold the gun, constructive possession can still lead to criminal charges if they are aware of and have control over the firearm. This makes it essential for spouses to be extra careful about how and where they store their guns.
This table compares the rights, risks, and legal requirements between a spouse and a convicted felon regarding firearm ownership and possession.
| Criteria | Spouse of Convicted Felon Owning a Firearm | Convicted Felon Owning a Firearm |
| Legal Right to Own a Firearm | Allowed with proper permits | Prohibited under federal and state law |
| Possession Requirements | Must have an FID or LTC in Massachusetts | Cannot possess or control a firearm |
| Risk of Criminal Charges | Low if firearm is properly stored | High if firearm is found in possession |
| Constructive Possession | Risk if felon has access or control | Any access to a gun can lead to charges |
| Restoration of Gun Rights | Not applicable | Possible through expungement or petition |
The simple answer is yes, but with significant risks. A spouse of a convicted felon can legally own a firearm in Massachusetts. However, the felon must avoid any contact with the weapon to prevent constructive possession charges. Proper storage, clear boundaries, and adherence to Massachusetts gun laws can help mitigate these risks.
For spouses concerned about the safety of owning a firearm with a convicted felon in the household, consulting with legal experts can be critical. An attorney can help assess the risks and offer advice on how to best protect both parties from legal consequences.
Massachusetts can legally own a firearm, but it comes with serious risks. Constructive possession laws mean that if the felon knows about or has access to the firearm, they could face legal trouble. To avoid this, it’s important to store guns in a safe place, follow all laws, and seek legal advice if needed.
While there are ways for convicted felons to restore their gun rights, the process is long and complicated. If you’re dealing with this situation, it’s a good idea to talk to a lawyer to understand your options and stay protected.
For more help, contact Riccio Law for expert legal advice.
