Can a Felon be Charged With Constructive Possession of a Firearm Over Spouse's Weapon

My question involves criminal law for the state of: OK.

My fiance is an ex felon. His charges were gun related federal felonies. I have an OK ccw permit. If the gun in the home or my car is kept in either my ccw holster or the fingerprint_access lockbox, is he safe from "contructive possession" charges? There is no key or combination to these lockboxes. Only my fingerprints can open them. Thanks for any KNOWLEDGABLE replies. This is a very serious matter for us.

Dissing the expert volunteers before they've even tried to respond to your question won't get you much, much less KNOWLEDGEABLE.

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Quoting 21 O.S. Sec. 1283. Convicted felons and delinquents.

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A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm.

B. Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the Oklahoma Self-Defense Act and the right to perform the duties of a peace officer, gunsmith, or for firearms repair....

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The prohibition is against any firearm being present in the residence. It's not a defense that it's locked, and that somebody else holds the literal or biometric key.

i can tell you for a fact that a state pardon doesn't protect you from Federal gun charges, unless you're in the 9th circuit, which is AZ and the W coast. and even then, it's not protection if you had any federal felonies. This law you quoted is Oklahoma law? looks like we'll be moving or my official residence will not be with my wife.

I can tell you for a personal FACT that a state pardon won't protect you from federal gun charges, unless you're in the 9th Circut and even then, it's not protection if any of your felonies were federally charged.

There is no need to go off on wild, irrelevant tangents. That's the law in your state that prohibits your husband from having firearms in his home due to his criminal record.

It won't matter what your "official" residence is, what will matter is where HE is and where the GUN is. Unless he simply comes over to visit, if he is laying his head down in the residence at night, any reasonable person will conclude that he resides there.

If you move, you may want to do your research. It may very well be that most states around you have very similar laws. Plus, you have to consider your ability to make a living. If you both have to quit your jobs and uproot your lives just so you can have a gun in the house, is that worth it?

I like how this went from OP being the future wife in the first post to being the felon in their next post .

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Quoting free9man

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I like how this went from OP being the future wife in the first post to being the felon in their next post .

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I noticed that ... I pictured angry felon grabbing the keyboard and typing his response ... because he (and/or she) did not like what they read.

Residence in one spot can visit, and yes, we will move over this issue. If you don't believe in gun rights, that's your position. It's not mine. Gun laws are all unconstitutional on the face of things. You'd give up your guns on the basis of such a law. I will not. Thank you for making it clear to me what sort of place this is.

Sorry, no, there's absolutely nothing in the Constitution that gives a convicted felon the right to own, possess or carry a firearm. To quote the Supreme Court,

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Quoting District of Columbia v. Heller, 128 S. Ct. 2783, 2816-2817 (2008)

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Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

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Quote:

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Quoting squirely

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Residence in one spot can visit, and yes, we will move over this issue. If you don't believe in gun rights, that's your position. It's not mine. Gun laws are all unconstitutional on the face of things. You'd give up your guns on the basis of such a law. I will not. Thank you for making it clear to me what sort of place this is.

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This is the sort of place that tells you what the law says. It is not the sort of place that makes the laws or tells you what you want to hear even when it's not legally accurate. Just because some tells you the law doesn't say what you want it to, doesn't mean that someone necessarily agrees with the law.

Or does KNOWLEDGEABLE answers, to you, mean Only Answers I Want To Hear?