Felon Living in House With Guns – Constructive Possession Charges

Felon Living in House With Guns – Constructive Possession Charges

Your spouse owns firearms. Legally purchased. Properly stored. You live in your own home. You’ve never touched the guns. Never fired them. Never moved them. But federal law doesn’t care whether you touched them. Federal law cares whether you COULD have touched them. And if you knew those guns existed and had access to where they were stored, you might be committing a federal felony every minute of every day. Your marriage became federal exposure. Your home became a crime scene waiting to happen.

Welcome to Spodek Law Group. We created this page because people think felon-in-possession requires actually possessing a gun. It doesn’t. Under the doctrine of “constructive possession,” a felon can be convicted for firearms they never touched – as long as they knew the guns were present and had the ability to exercise control over them. 96.9% of felons convicted under this law get sentenced to prison. Not probation. Prison. And the average sentence is 71 months – nearly six years.

Here’s what nobody tells you about living with someone who owns guns. 44% of American adults live in homes with firearms. Courts have explicitly called constructive possession a “trap for the unwary.” Simply visiting nearly half of American homes could theoretically create federal exposure for a felon. The law creates criminals out of houseguests, roommates, spouses, and family members who never intended to possess anything.

Constructive Possession – The Trap That Catches Felons

The question isn’t “did you touch the gun?” The question is “could you have touched the gun?” The question isn’t “did you use it?” The question is “could you have accessed it?” The question isn’t “is it yours?” The question is “was it within your power to control?” Federal law punishes capability, not action. The constructive possession doctrine was created by federal courts interpreting the law “expansively.” Congress didnt specifically authorize it. Courts invented it to address scenarios where felons had access but not physical contact. The doctrine expanded until it became a trap that catches felons who never touched a weapon.

Heres how courts define it. Constructive possession exists when you know a firearm is present AND you have the ability to exercise dominion or control over it. You dont have to physically hold the gun. You dont have to own it. You dont have to have ever seen it. If it was accessible to you, and you knew it was there, you possessed it under federal law.

44% of American adults live in homes with firearms. The D.C. Circuit called this a “trap for the unwary” because under the broadest interpretation of constructive possession, simply visiting nearly half of American homes creates theoretical federal exposure for a felon. A houseguest could be charged. A roommate could be charged. A family member could be charged. The law’s reach is terrifying when you understand how prosecutors apply it.

Todd Spodek has explained this to clients who cant understand how they got charged when they never touched a gun. “It wasnt mine” isnt a defense. “I never touched it” isnt a defense. The prosecution only has to prove you knew where it was and could have accessed it. Your capability becomes your crime.

How Living With Someone Who Owns Guns Creates Federal Exposure

Your spouse legally owns firearms. You legally live in your own home. Neither fact individually creates a crime. But combined, you might be committing a federal felony every minute of every day. The guns in your shared bedroom create exposure whether you wanted them there or not.

Heres the hidden connection that destroys felons. Spouse buys gun legally. Stores it in bedroom closet. You live in the same bedroom. You share that space. Search warrant gets executed. Gun found. Felon charged with constructive possession. Prosecutor argues “shared bedroom equals shared access.” The fact that it was your spouse’s gun, purchased legally, stored properly, becomes irrelevant. You knew it was there. You could have accessed it. Federal prison.

The cascade gets worse. Your spouse keeps a gun in the nightstand “for protection.” You know its there. Domestic dispute happens. Police get called. Gun gets discovered. Felon-in-possession charges filed. 10-year exposure. The relationship that was supposed to protect you sends you to federal prison.

And multiple people can constructively possess the same firearm simultaneously. If three adults live in a home with one gun, all three might have constructive possession. The prosecution charges everyone. Let the court sort out who actually had access. Your codefendant becomes your spouse.

What Prosecutors Have to Prove

You thought living together was the problem. Actually, KNOWING about the gun is the problem. If your spouse kept firearms secret and you genuinly didnt know they existed, no constructive possession. Knowledge is an essential element. The moment you learn the guns exist, you become responsible for their presence. Your knowledge destroys you.

Your name isnt on the gun purchase. Your fingerprints arent on the weapon. You never touched it. Dosent matter. You knew it was there. You could have accessed it. Those two facts – knowledge and ability to control – create federal criminal exposure under constructive possession. The gun was never yours. The charge becomes yours anyway.

Heres what prosecutors have to prove under 18 U.S.C. § 922(g). First, the defendant knew the firearm was present. Second, the defendant had the ability to exercise dominion or control over the firearm. Thats it. Two elements. Presence in a home where you KNOW guns exist satisfies half the test. Living in the home where guns are stored satisfies the other half.

Courts have said proximity alone isnt enough. In theory. But prosecutors charge based on proximity anyway. They know juries often convict when guns are found in a felons residence. The law says mere proximity is insufficient. The reality says you might lose at trial regardless of what the law says.

The Gun Safe That Might Not Protect You

The gun is locked in a safe. You dont have the combination. You cant access it. Your spouse keeps the only key. This should protect you. It might not.

Heres the paradox that should terrify you. You secured the firearms properly. Your spouse kept them locked. You did everything right. Federal agents raid your home. They charge you anyway. They let the court decide whether you “could have” gotten the key. Your compliance with safe storage recommendations becomes an argument you have to WIN at trial, not a fact that prevents charges.

Federal prosecutors have wide discretion. When they find guns in a home with a felon, the default is to charge. Arguments about locked safes, separate ownership, lack of access – those become defense arguments at trial. The charging decision happens first. The legal nuances get resolved later, after arrest, after detention, after your life is already disrupted.

The prosecution’s counter-argument is predictable. You could have borrowed the key. You could have watched your spouse enter the combination. You could have forced the safe open. Your inability to access becomes a question of degree, not a complete defense. The safe that should protect you becomes one more thing you have to argue about at trial.

What actualy provides protection? The felon must have NO access whatsoever. No key. No combination. No ability to learn either. The safe should be in a room the felon doesnt use. The spouse should maintain sole access and control with documentation. And even then, federal agents might charge anyway and let the court decide. Compliance reduces risk. It dosent eliminate risk.

Real Constructive Possession Cases

United States v. Scott went to the Fourth Circuit in 2005. Scott was convicted of felon in possession based on constructive possession. The court found sufficient evidence that he knew the firearms were present and had access. Scott was sentenced as an armed career criminal to 260 months imprisonment – over 21 years – and five years supervised release. One constructive possession conviction. Over two decades in prison.

United States v. Katz shows that defense CAN win. The Seventh Circuit made clear that “even the doctrine of constructive possession has its limits.” The court found there was no evidence Katz resided at the premises or even stayed at the home for any period of time. Case overturned. The lesson: if you can prove you didnt actualy live there or have regular access, constructive possession might not apply.

The Florida Deceased Husband Case shows how far prosecutors will push. A woman was convicted of a felony in 2006. Eight years later, she was arrested for possessing guns that belonged to her recently deceased husband. She claimed she was trying to sell them. The court found she constructively possessed them because she knew they were present and could exercise control over them. Her husbands death didnt transfer ownership of the legal problem. The guns became her federal exposure the moment she could have accessed them.

Errez Tekel Perry in Virginia (2024) had a search warrant executed at his residence. Perry ran toward the rear of the house when police breached the door. Investigators recovered two semi-automatic firearms, ammunition, drugs, and drug paraphernalia. Federal prosecution followed. Running made things worse – flight is evidence of guilt.

Darrien Ledante Taylor in Maryland (2023) had a search warrant executed at his home. Recovery included a 9mm handgun, an AR-15 pistol with no serial number, and fentanyl pills. Four years federal prison. The ghost gun (no serial number) added complications to his case.

The Federal Penalties for Constructive Possession

Constructive possession carries the same penalties as actual possession under 18 U.S.C. § 922(g). Up to 10 years federal prison for basic felon in possession. 15 years mandatory minimum under the Armed Career Criminal Act if you have three qualifying prior convictions. $250,000 maximum fine. Three years supervised release after prison.

Heres the uncomfortable truth. 96.9% of felons convicted of firearm possession get sentenced to prison. Not probation. Not alternatives. Prison. If federal agents find guns in your home and charge you with constructive possession, you are almost certainly going to serve time if convicted. The incarceration rate is near 100% for this offense.

In FY 2024, there were 7,419 federal felon-in-possession cases. Your case isnt unusual. Federal prosecutors handle thousands of these cases every year. They know how to prove constructive possession. They know how to argue against the gun safe defense. They know how to convince juries that living in a home with accessible firearms equals possession.

And federal prison means no parole. You serve 85% of your sentence minimum. A 71-month average sentence means over 60 months actualy incarcerated. Five years of your life for firearms you never touched, never used, never intended to possess. The doctrine of constructive possession makes that outcome possible.

Defenses That Actually Work

Proximity alone isnt supposed to be enough for constructive possession. Courts have explicitly held that “mere presence or mere proximity to contraband, by itself, is simply never enough to establish constructive possession without additional facts suggesting the defendant actualy had the power to control the use or disposition of the contraband.” If your lawyer can show you were just present – not in control – you might beat the charge.

The Katz case demonstrates this. No evidence defendant resided at the premises. No evidence defendant stayed at the home for any period. Conviction overturned. If you can establish you werent a resident, didnt have regular access, werent exercising control over the space where firearms were found, constructive possession might not apply.

Lack of knowledge is a complete defense. If you genuinly didnt know the firearms existed, you cant constructively possess them. Knowledge is an essential element. If your spouse kept guns secret, stored them somewhere you had no reason to look, never mentioned them – the knowledge element might fail. But this defense requires proving a negative, which is always difficult.

The locked safe defense works better when combined with documentation. Written records showing sole ownership by the non-felon. Proof the felon never had access to keys or combinations. Storage in a room the felon didnt regularly use. These facts combined might convince a prosecutor not to charge or a jury to acquit. But nothing is guaranteed.

Contact a Federal Firearms Defense Attorney

Maybe you just learned that living with your spouse’s guns creates federal exposure. Maybe federal agents already raided your home and found firearms. Maybe your realizing that the guns you knew about but never touched could send you to prison. Whatever brought you here, understand this: constructive possession charges result in prison for 96.9% of convicted defendants.

Call Spodek Law Group at 212-300-5196 before you talk to federal agents. Constructive possession charges carry the same penalties as actual possession – up to 10 years federal prison, or 15 years minimum under ACCA. Everything you say to federal agents becomes evidence against you. “Those are my spouse’s guns” might sound like a defense. It’s actually an admission that you knew guns were in the home.

Todd Spodek has defended clients facing federal constructive possession charges. We understand how these cases develop – the search warrants, the shared residence arguments, the gun safe questions. We know how to challenge the knowledge element. We know how to argue lack of access. We know how to present the locked safe defense when facts support it. We know how to negotiate with federal prosecutors when there are genuine questions about constructive possession.

Your spouse’s guns became your federal exposure. Living in your own home became a crime. But theres still time to build a defense before prosecutors finalize charges. Call us at 212-300-5196. The consultation is free. The mistake of talking to federal agents without counsel could add years to your sentence.

The guns were never yours. The charge is. Call Spodek Law Group now. 212-300-5196.