Texas felon

[S O B]

Shyster help. In Texas, can a felon keep a gun at her home as long as 5 years have passed since she served her sentence?

[instfixer]

NO!!
I am sorry, but one needs a pardon from either the Governor or the President

but as always, one needs to ask an attorney, to be sure as I suspect there a loopholes

[ShysterJon]

The answer is indeed 'no,' and the restriction isn't limited to Texas. A convicted felon is barred from owning a gun under federal law with no expiration date of the restriction.

I've been asked that exact question a couple of times lately. It must be some urban myth cycling through society.

[frenchlouie]

Check again under the TX Penal Code. But this does not make someone exempt from federal prosecution.


Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person's release from confinement following conviction of the misdemeanor; or
(2) the date of the person's release from community supervision following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.
(d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.
(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:
(1) is designated by a law of this state as a felony;
(2) contains all the elements of an offense designated by a law of this state as a felony; or
(3) is punishable by confinement for one year or more in a penitentiary.
(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this state as a felony.

[S O B]

Thanks Shyster.

[ElisabethWhispers]

Although your question has been answered, I've heard that if a felon is FOUND carrying a gun or has one in her/his house, that it can be a mess of more trouble.

I tend to see some attorneys on a somewhat regular basis. And they tell me interesting stories all of the time. One of the sad ones was about a guy, a felon, who was found carrying a gun and he got a 25 year sentence.

Texas is tougher than some states concerning gun control. All things considered, I've always fond that odd.

[sky_wire]

Originally Posted by frenchlouie

Check again under the TX Penal Code. But this does not make someone exempt from federal prosecution.


Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony......

*******; or


(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of*****************:

Note also, TX has a 5-year ban on firearm possession for misdemeanor family violence assault, 22.01. Here also the federal ban is for life.

Have you thought about a crossbow or a compound bow? Silent, but deadly. Throw in a razor sharp machete for close quarter combat. Better than nothing.

[JohnnyFarangly]

Some of the high-quality air rifles and air pistols are deadly (and legal).

[instfixer]

Let suppose that you carry a baseball bat in the trunk of your car

You STILL can get in a load of trouble if the cops think that it is intended as a weapon

Now if in the trunk was ALSO a worn used baseball glove and ball

Well now you got a good story

[plainjoe]

I live by the rule, better to be judged by twelve than carried by six. Of course, it does not apply to cities/states such as NYC, DC, Maryland, California (and many others that I do not remember) that have oppressive gun laws. In those jurisdictions, the bad guys have more rights than law abiding citizens. What is the average response time after calling 911? By the time the police arrives, bad guys will do to you what they wish, thus my rule. For the most part, the majority of cops are reasonable - treat them with dignity and respect, and they will treat you in the same manner. Just don't provoke them...

[sky_wire]

Originally Posted by JohnnyFarangly

Some of the high-quality air rifles and air pistols are deadly (and legal).

If I were a felon, I'd check the law before assuming such weapons are allowable.

[Guest082513-02]

hmmm... good to know.

[bladtinzu]

Originally Posted by ElisabethWhispers

Although your question has been answered, I've heard that if a felon is FOUND carrying a gun or has one in her/his house, that it can be a mess of more trouble.

I tend to see some attorneys on a somewhat regular basis. And they tell me interesting stories all of the time. One of the sad ones was about a guy, a felon, who was found carrying a gun and he got a 25 year sentence.

Texas is tougher than some states concerning gun control. All things considered, I've always fond that odd.

Actually there have been cases where the felon fought the charge and won. A friend of mine was caught in Philadelphia, Pa carrying an unregistered handgun and he was in fact a convicted felon. He fought it in court and won because the FBI had about 2 months before he was caught with it disclosed to him that in part of a Title 3 recording it found plots were being made to kill him. So his defense was he armed himself to protect himself because the FBI told him plots were being made to kill him and the FBI wouldn't offer protection. Yep.. He walked. Bitch about it was he was later caught up in a RICO case.. Didn't walk on that one.

[UB9IB6]

Originally Posted by bladtinzu

Actually there have been cases where the felon fought the charge and won. A friend of mine was caught in Philadelphia, Pa carrying an unregistered handgun and he was in fact a convicted felon. He fought it in court and won because the FBI had about 2 months before he was caught with it disclosed to him that in part of a Title 3 recording it found plots were being made to kill him. So his defense was he armed himself to protect himself because the FBI told him plots were being made to kill him and the FBI wouldn't offer protection. Yep.. He walked. Bitch about it was he was later caught up in a RICO case.. Didn't walk on that one.

Sounds like a quality individual.

[amazingalexis]

My brother was arrested and spent almost 5 yrs in prison. He was walking in public with his girlfriend. While minding their own business, they were stopped and searched by police. My brother was clean, but his girlfriend had a sawed off in her purse. He was a two time felon, but was not on parole when searched. The gun wasn't on him but he was arrested and charged with it. I guess they didn't care who's purse.