Ownship restriction?

[Xev]

Just wondering If a spouse is restricted by law, for what ever reason, from owning or buying a gun, would the other spouse be restricted from owning and keeping their firearms and ammo at home or transporting them in a vehicle that both are riding in? Another question, If your house is within the 1000ft no firearms restriction border in place around schools, can having firearms on your property be used against you?
Any insight would be helpful and I do understand that any insight isn't legal advice coming from a lawyer.
Peace,
xev

 

[Shotgun Jeremy]

As far as I know, you can have a weapon outdoors on school property-just not under an awning or indoors. So even if you live across the street from a school, you're still good to go. Just be a little more diligent about the loading and unloading of weapons into your vehicle during school hours-especially during drop off and pickup hours. The part about your spouse though...no clue. I would think you could, but it's your obligation to keep them from being able to have access to the guns, but I'm not sure.

 

[txinvestigator]

As far as I know, you can have a weapon outdoors on school property-just not under an awning or indoors. So even if you live across the street from a school, you're still good to go. Just be a little more diligent about the loading and unloading of weapons into your vehicle during school hours-especially during drop off and pickup hours. The part about your spouse though...no clue. I would think you could, but it's your obligation to keep them from being able to have access to the guns, but I'm not sure.

The gun free school zone, a federal law, makes it unlawful to posses a firearm within 1000 feet of a school unless you have a CHL. The law excludes homes.

Regarding prohibited persons, having a firearm in the home could be unlawful for both.

 

[Glockster69]

The gun free school zone, a federal law, makes it unlawful to posses a firearm within 1000 feet of a school unless you have a CHL. The law excludes homes.

I looked for it last night but was unsuccessful. Do you have a link to that law?

 

[Renegade]

I looked for it last night but was unsuccessful. Do you have a link to that law?

922 (q)

18 USC § 922 - Unlawful acts | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

Here is what TXI references:

(B) Subparagraph (A) does not apply to the possession of a firearm—(i) on private property not part of school grounds;

 

[itchin]

I believe convicted felons are prohibited from being around guns. I am not 100%, but I believe if you are a felon your wife cannot go buy the guns, and call them hers.

 

[Shotgun Jeremy]

The gun free school zone, a federal law, makes it unlawful to posses a firearm within 1000 feet of a school unless you have a CHL. The law excludes homes.

Regarding prohibited persons, having a firearm in the home could be unlawful for both.

Ahhhh, ok-see I was learning all that in my CHL class, so that makes sense then. Still, due to the castle doctrine, I would think you could at least have guns in your home. Damn.

 

[Glockster69]

@ Renegade: Bookmarked, thank you much.

 

[TXARGUY]

From what I understand, and I am not an attorney, regardless of ownership, if the felon spouse in question knows about the firearm and has access to it, then he/she has the ability to exercise dominion and control over the firearm. In other words, even if your wife owns the firearm and you are barred from possessing a firearm due to a felony conviction, you can be held criminally liable for actual or constructive possession of the firearm.

 

[Xev]

Well then, It seems the consensus is that losing the right to have a gun not only affects the person convicted of a crime, but takes their spouses 2nd amendment right away from them as well? that seems that a constitutional court issue to me.

 

[Xev]

What's the group's opinion of the an affected spouse that wasn't convicted of any crime having a constitutionally backed defense if the government accuses them of crime simply by keeping a gun in their home?