Can You Have a Gun If You Live With a Felon?

Posted by Corey L. Scott | Mar 08, 2023 | 0 Comments

Individuals that have been convicted of a crime and are out on probation don't have free reign over their lives just yet. Some of their rights may be restricted and can only be restored by the court when their probation period ends. One of these rights is the right to have a licensed firearm.

While the restriction of certain rights only applies to the convict on probation, the people they live with will also need to be careful of their actions so as not to cause a violation of the probation terms. Does this mean, however, that roommates or family members in the same household are also prohibited from having a licensed firearm?


Non-Serious, Violent Felons Can Have a Firearm 

Only the convicted individual is prohibited from possessing firearms during the course of their probation period. Anyone else that does not have a criminal record or whose rights have been restored is allowed to have a licensed gun or weapon.

If they are not deemed serious, violent felons, the courts do not have any jurisdiction over them. They can enjoy their second amendment rights in full and without restrictions. As long as they get the proper licenses to carry a weapon, they can do so to protect themselves, their homes, and their loved ones.


But It Can Be a Problem for the Convicted Individual

However, consideration must be given if a convicted individual lives under the same roof. Having a firearm inside the home can be a problem for them. If the authorities find out that there is a weapon in their place of residence, they can be put in a situation where their probation is violated and they are charged with a major felony.

The bottom line is that while non-convicted individuals have the right to possess a licensed weapon, they should exercise more care if they have a convicted felon under probation in the household. It's a safer bet to hold off possessing a weapon until their rights are restored by the court.

About the Author

Corey L. Scott

Corey L. Scott, was born and raised in East Chicago, Indiana. Upon graduation from East Chicago Central High School, Corey attended Indiana State University and graduated with a Bachelor of Science degree in Criminology.  Upon graduation, Corey accepted a position with the Marion County Superior Court, Juvenile Division where he served with distinction for the next nine years, eventually being promoted to Director of the Youth Counseling Department. Pursuing his dream of becoming an attorney, Corey attended the Indiana University School of Law-Indianapolis.  While in law school, Corey was an Indiana Council on Legal Education Opportunity (ICLEO) fellow and participated in Moot Court competitions.  He also worked in the Marion Superior Court, Criminal Division as a bailiff and research assistant to the Honorable Tanya Walton Pratt, who serves as a Judge on the United States District Court for the Southern District of Indiana. Corey also served as an internship law clerk to the Honorable Judge, Margret G. Robb, at the Indiana Court of Appeals. Finally, upon graduation from law school, Corey had the distinct honor and privilege to serve as a law clerk to the Honorable Justice, Robert D. Rucker, who sits on the Indiana Supreme Court. Corey then became an associate with Mike Norris Law Office, where he specialized in bankruptcy law with a main concentration on working to assist families obtain a fresh start through Chapter 7 bankruptcy.  Still a young attorney, Corey then served as a public defender at the Marion County Public Defender Agency.  In this position, Corey gained invaluable trial experience by defending clients in a wide range of matters from misdemeanors to serious felonies on a daily basis.  It was also during this time that Corey discovered his passion for representing and serving "everyday people." An entrepreneur at heart, Corey established the Law Office of Corey L. Scott, P.C.  Since then, he and his staff have served the greater Indianapolis community and surrounding counties in several legal disciplines including: Bankruptcy, Criminal Defense and Family Law.  In keeping with his vision, Corey L. Scott, P.C., is a client focused, results oriented general law practice that endeavors to provide legal solutions for "everyday people" charged with a crime, dealing with financial crisis or going through a difficult divorce. Corey has also been active serving the greater Indianapolis community by participating in pro bono programs such as "Ask a Lawyer," the "Modest Means" panel program which allows individuals to afford legal counsel at a fraction of normal rates, Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council program. Corey is a proud member of the Indianapolis Bar Association, Indiana Bar Association, American Bar Association, National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys.


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