A reader sent me a question regarding the legality of having firearms in a household where there is a convicted felon. The specific question was:

“I have a valid Arizona CCW and want to keep a pistol in the house. My wife was convicted of a felony 15 years ago. Is it legal for me to keep a pistol in my house with her living there? What about the legality of carrying one concealed in my car?”

There are several points worthy of discussion here. First there is a bit of a conflict. The questioner can legally carry a concealed weapon and own a firearm. His wife cannot do either, yet they live in the same house.

Technically, if there is a firearm in the home, the wife is in violation of the law. As a convicted felon, she is prohibited from possessing a firearm. If she has reasonable access a firearm in the home, then she is violating the law. Her husband might also be charged with a weapons misconduct violation for making a firearm available to a prohibited possessor.

There are a couple of avenues for resolving this. The best would be to petition the court for restoration of her civil rights. As long as the felony conviction was not for a ‘dangerous offense’ as defined in ARS 13-604, depending on the crime, a convicted felon can apply for restoration of their civil rights two years after completion of any court ordered probation. If the person was convicted of a ‘serious offense’ under ARS 13-604, that period might be extended to as much as 10 years before the court can be petitioned for restoration of civil rights.

If the conviction is an old one and did not involve a ‘dangerous offense’, it would probably be worth looking into petitioning the court for restoration of civil rights. This would make the whole problem go away.

If that is not an option, then another thought would be to store the firearm in the home in such a way that there was no possibility of access by the wife. This would mean keeping any firearm in a locked safe that she did not have the combination for. Keyed locks, trigger locks or cable locks probably won’t work here as it could be argued they are easily defeated or that the key might become accessible.

The third possibility is not to have a firearm in the home at all. While I know this would seem to violate the rights of the husband to possess a firearm, rights don’t require that you exercise them. It is a choice that you can make or not. By having a firearm in the home, if it is accessible to the wife, it is placing her at risk of criminal prosecution under both state and federal law. This is probably not a prospect that she would relish.

Regarding the concealed carry in a vehicle, as long as the firearm is under the husband’s direct personal control and is not accessible to the wife, it is perfectly legal for him to have a concealed weapon in the vehicle. In my opinion, it needs to be on his person. If it were concealed anywhere else in the vehicle (map pocket, glove box, console), it could easily be argued that the firearm is accessible to anyone in the vehicle, including his wife should she be in the car. As a prohibited possessor, this again places her at risk of prosecution.

This is definitely a tough situation and not good for either the husband or wife. I’d say the best option is to check with the court to see if she is eligible to have her rights restored. This would be a good thing for her all the way around.

If that doesn’t work, you’ll need to think about the other options and which one you are willing to live with.