Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
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?
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.
