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Spouse of denied person Question

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  • cannon
    In Memoriam
    • Aug 2008
    • 8589

    Spouse of denied person Question

    I know a couple and they decided to get a shotgun and a pistol. He took his test and bought a pistol. He was denied due to a 28 year old outstanding warrant from another state.

    Wife still wants a pistol in the house. Can she go out and buy one and everything be legal?
    Last edited by cannon; 06-11-2011, 11:11 PM.
    ^^ Said by some lunatic on the internet
  • #2
    tiko
    Senior Member
    • Jan 2008
    • 866

    If she buy for herself and keep the gun locked from her husband, I think it is ok
    Do it yourself.

    Comment

    • #3
      BannedinBritain
      Member
      • May 2011
      • 302

      A LOT of unknown information in the question. "Outstanding warrant" can mean more than a few things. Is it for a traffic ticket? Or did he murder someone? Being denied for a firearm purchase does not automatically mean one is a "prohibited person". Without knowing what the guy did, best practice is for wife to buy the firearm if she wants it, and to make sure hubby has no access to it.

      Comment

      • #4
        Andy Taylor
        Senior Member
        • Dec 2007
        • 1367

        Originally posted by BannedinBritain
        A LOT of unknown information in the question. "Outstanding warrant" can mean more than a few things. Is it for a traffic ticket? Or did he murder someone? Being denied for a firearm purchase does not automatically mean one is a "prohibited person". Without knowing what the guy did, best practice is for wife to buy the firearm if she wants it, and to make sure hubby has no access to it.
        This.

        and Hubby really should see about getting that warrent taken care of. Did he know about it?

        Comment

        • #5
          r1 man
          Junior Member
          • Oct 2010
          • 57

          If it were me, I would use the money to clear the warrant instead of using it to buy a gun.

          Comment

          • #6
            Cokebottle
            Señor Member
            CGN Contributor - Lifetime
            • Oct 2009
            • 32373

            Spouse of a prohibited person can legally possess a firearm if the prohibited person has NO access to it.
            It must be locked away and only she knows the combination.
            A keyed lock box could be a problem because he could access the key while she is sleeping.

            Ammo is another issue... If he is a felon, he can't possess ammo.
            - Rich

            Originally posted by dantodd
            A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

            Comment

            • #7
              ErikTheRed
              Senior Member
              • Oct 2008
              • 1604

              The good news is, your buddy is only temporarily prohibited until the warrant is cleared. He'll need a conviction or a dismissal, and of course, if convicted of a felony, his prohibition becomes permanent. Either way, he needs to get that cleared up asap.
              Proudly nestled all snugly and warm in Hillary's basket. She even made room for my bibles and guns!


              I've committed $10 a month to the CalGuns Foundation. Have you??? Join us and donate here!

              Comment

              • #8
                taperxz
                I need a LIFE!!
                • Feb 2010
                • 19395

                Originally posted by cannon
                I know a couple and they decided to get a shotgun and a pistol. He took his test and bought a pistol. He was denied due to a 28 year old outstanding warrant from another state.

                Wife still wants a pistol in the house. Can she go out and buy one and everything be legal?
                This is bad!! The way this story is told, it says straw purchase all over it!!!!

                Comment

                • #9
                  cadurand
                  Member
                  • Jan 2006
                  • 294

                  Why not clear up the warrant?

                  If I found out a had a 28 year old warrant I'd focus on clearing that up.

                  Then go back to buying a shotgun and pistol.
                  sigpicNRA Life Member

                  Comment

                  • #10
                    CHS
                    Moderator Emeritus
                    CGN Contributor - Lifetime
                    • Jan 2008
                    • 11338

                    Here's the deal, federally he's a "fugitive from justice", which is a prohibiting category. He MAY NOT SO MUCH AS TOUCH A FIREARM.

                    However, 28 year old warrants are generally VERY EASY to clear up. Sometimes with nothing more than a phone call to the issuing court. Once cleared up, he is no longer in a prohibited category.

                    Right now, with the warrant, there are way too many ways where the wife owning a gun could go sideways, legally. If he possesses the gun that she purchases, we're now talking federal felonies. Yes, that's a worse-case scenario, but it illustrates how badly this can go.

                    FIX THE WARRANT. PERIOD.

                    Then go out and buy as many guns as you want. The beautiful thing about being married is that you can buy guns for each other!

                    But if you don't fix that warrant then "bad things(tm)" can happen.
                    Please read the Calguns Wiki
                    Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
                    --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

                    Comment

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