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In a life-or-death situation, is it legal for a felon to use a gun owned by a spouse? In this informative video, U.S. Concealed Carry Association Director of Content Kevin Michalowski and noted criminal defense attorney Tom Grieve discuss felons, guns and “constructive possession.”
00:00 A viewer wrote in to ask if a felon can use his wife’s gun to defend the home they share together. If so, can the wife get in trouble?
00:38 Kevin reads the entire viewer-submitted letter regarding a felon using his spouse’s weapon for home defense.
01:39 Tom says that a felon can use someone else’s firearm for self-defense as long as local laws allow for “necessity privilege” in cases of self-defense.
02:05 Tom explains the nuances of “constructive possession” as it applies to a felon in possession of a firearm.
03:37 What defines having access to or possession of a firearm?
07:20 A probation officer would need to prove that a felon had access to and knowledge of any firearms in the home.
08:40 If a probation or patrol officer gives a felon a break, that leeway does not extend to court. It does not become a viable defense in front of a judge.
10:00 Many jurisdictions have minimum required sentencing for felons in possession of a firearm, even if the felon has led an exemplary life. Stupid mistakes made while young can follow an individual for the rest of his or her life.
#gunlaws #selfdefense #uscca
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