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How does the law apply if you spouse is prohibited but you are not?


CHICAGO HANDGUN OWNER

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How does the law apply if you spouse is prohibited from owning a gun but you are not? Can you keep a gun on your side of the bed? Do you have to give up your gun rights also? If a gun is in a shared household what constitutes possession? How would this apply while driving a car? I'm Curious about the legalities of this situation.

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The spouse with the valid FOID would be the only one allowed access to a gun.

The gun could not be out in the open on either side of the bed or anywhere in the house.

That would give the revokee access to the gun.

 

The gun(s) would have to be stored in a locked drawer, cabinet, safe, room, etc. to which only the valid FOID holder has the key or combination.

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How does the law apply if you spouse is prohibited from owning a gun but you are not? Can you keep a gun on your side of the bed? Do you have to give up your gun rights also? If a gun is in a shared household what constitutes possession? How would this apply while driving a car? I'm Curious about the legalities of this situation.

The one with a valid FOID would be the only one that can legally access a gun. There may be an exception for necessity such as during an active break since the harm caused by the FOID holder arming their spouse is lesser than the harm of one or both spouses being kidnapped or murdered. Once the emergency passes such as if the home invaders leave the area or leave this world the prohibited spouse would have to relinquish the firearm since necessity would no longer exist.

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Get FOID tossed out. In home possession should be allowed for all citizens not under sentence for a crime using violence.

 

Why should a non-violent conviction for anything allow the state to strip your right to protect your life, family and home.

 

Restoration of rights should be automatic after the sentence is completed.

 

 

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Get FOID tossed out. In home possession should be allowed for all citizens not under sentence for a crime using violence. Why should a non-violent conviction for anything allow the state to strip your right to protect your life, family and home. Restoration of rights should be automatic after the sentence is completed.

 

Agreed.

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Get FOID tossed out. In home possession should be allowed for all citizens not under sentence for a crime using violence. Why should a non-violent conviction for anything allow the state to strip your right to protect your life, family and home. Restoration of rights should be automatic after the sentence is completed.

 

Agreed.

 

 

That is nice to say, but we have to deal with the law as it stands now. Any volunteers to be a test case or pay the costs?

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Get FOID tossed out. In home possession should be allowed for all citizens not under sentence for a crime using violence. Why should a non-violent conviction for anything allow the state to strip your right to protect your life, family and home. Restoration of rights should be automatic after the sentence is completed.

 

 

 

Agreed.

 

 

 

 

That is nice to say, but we have to deal with the law as it stands now. Any volunteers to be a test case or pay the costs?

 

If the circumstance presents itself I’ll bite.

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As of now I'm prohibited but fighting for the restoration of my rights in court for non violent felonies over 25 years ago. My wife has several guns and they are locked up but I be damn if someone broke in my house and tried robbing or whatever I guarantee I will have one of those guns in my hand protecting my family and property. No one will tell me any different cops or judge!
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