Does California Community Property Laws Make Me an Additional Legal Owner of My Wife’s Gun and Henceforth, a Lawbreaker?

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I am prohibited from owning a gun. My wife bought a handgun for her protection. We recently moved to California. Does California community property laws make me an additional legal owner of my wife’s gun and henceforth, a lawbreaker?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Based on the facts presented above, your wife may own a handgun. California’s community property laws does not limit your wife from owning a handgun and does not make you a legal owner.

California law requires your wife to keep the weapon out of your possession and control. She can secure the handgun in a safe, or outside your home. She must insure that you have no access to the gun whatsoever. If your wife has the gun inside your home, this may be considered as constructive possession (access).

You should contact a local criminal law attorney to discuss the legal aspects of your situation.



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Author: House Attorney