View Full Version : Gun laws for household

26 September 2009, 07:27
Can somebody point me in the right direction on where I can find firearm legislation (federal and state) regarding family members of the registered owner living in the same household (spouse and kids)?

I'm currently stationed in Oklahoma but am a Florida resident and am trying to get stationed there again and I plan on living there when I retire.

26 September 2009, 10:28
What about the family members living in the same household with the registered owner? Are your family members convicted felons? That's the only thing I can think of that might be a problem. To my knowledge neither Oklahoma nor Florida have firearms registration.

26 September 2009, 11:19
My wife is not a convicted felon and our son is 2. My wife is currently NOT a U.S. citizen however she is a permanent resident.

I guess the circumstances I am concerned about are:

1. My spouse using any of my firearms in self defense while I am not home (at work, deployed, etc)
2. Taking my spouse or child (when he's old enough) to public and private ranges for firearms training.

26 September 2009, 13:03
You should be fine. Florida is a pretty good state for firearms owners.

Disclaimer: I am not a lawyer nor an expert on firearms laws.

26 September 2009, 22:43
For state statutes do a "Google" search for your State's legislature.

At the home page for each state legislature typically you'll find a search that can be done for the state constitution and statutes.

Also increasingly a lot of State Police websites are posting information on gun laws for their state so that's also an excellent resource.

Federal Laws and Regulations can be found using the U.S. Government Printing Office website or www.gpoaccess.gov which has two resources. The first is the United States Code (USC), which is the codification of U.S. Laws as passed by the Congress and Signed by the President. The second is the Code of Federal Regulations (CFR), which has a section dedicated to ATF under Title 27. The CFR is administrative law that the Executive is allowed to create to give effect to the USC.

The ATF also has a number of handbooks available at their website as well, which are excellent resources.

You'll also want to check with your local government ordinances as well. Some cities like New York City and Chicago have put in place additional restrictions.

26 September 2009, 23:29
This is not legal advice. For legal advice seek counsel with a licensed attorney in your state.

Under Federal Law people who meet the following criteria may NOT possess a firearm:

1. Those convicted of a crime punishable by imprisonment for more than one year (aka Felony).

2. Are a fugitive from justice.

3. Are an unlawful user or addicted to any controlled substance.

4. Those who a court has ruled are mentally defective or have been committed to a mental institution.

5. Illegal immigrant or someone admitted under a non-immigrant visa.

6. Former members of the Armed Services who have been dishonorably discharged.

7. A Citizen of the U.S. who has renounced their citizenship.

8. Those with restraining orders against them.

9. Those convicted of a misdemeanor crime of "Domestic Violence."

If your wife or son ever have any of the above apply to them then they can not possess firearms. That means that a person who has one of the above apply to them can not even hold a firearm...ever. In addition, they can not live where there is a firearm stored since they would have "constructive possession" of it simply by knowing it's there and having access to it. Age under federal law is not a restraint on possession, but it is on purchasing.

NFA items though can not be possessed by anyone outside the presence of the registered owner.

If your wife or son shoot someone for any reason they will not be convicted under federal law with illegal possession of the firearm as long as they don't fall into one of the above categories.

26 September 2009, 23:47
The term “nonimmigrant visa” means a visa properly issued to an alien as an eligible nonimmigrant.

27 September 2009, 06:05
Thanks for the info SilentType, and thus my research begins.

To clear things up my wife came here on an immigrant visa as an "immediate relative" being a spouse of a military member, this is in contrast to a "nonimmigrant visa" like a temporary worker, student, etc...

27 September 2009, 15:33
Then you should be fine.