Can a convited felon have a gun in his/her home for self defense in Texas.
I am finding conflicting answers. I read that Texas law says yes, after the felon has been released from parole or prison for 5 years. But, then I read fed regulations and it says NO!!
Texas Penal Code 46.04
not that i am aware of. i know kenny has told me he's not allowed to have guns or knives. he inherited a civil war (i think) gun from his grandfather and he's now not allowed to have it in his possession. and what's really stupid is his "wanted" poster (a really bad xeroxed copy of his face and a bunch of bull on it) said that he collected old handguns. uh. he has one and i've never seen it.
federal law supersedes state.
The info you have been finding is true. And in this instance you need to know that even if you got one, while technically legal for him under Texas law, the feds could (and in many instances do) step in and arrest them on federal charges. My best advice is to forget about owning a gun with his conviction.
Originally Posted by alexandra82
I can tell you from firsthand experience that a convicted felon cannot own a gun. My husband had been off parole for 5 years when he picked up a gun charge that landed him back in prison after being out for 15 years.
If you are worried about self defense, I highly recommend learning a martial art. I've also been told by many law enforcement personal, as well as martial arts teachers, that they would rather face a gun than a knife. All you have to do with a gun is not be in front of it. If someone has a knife, one has to enter the fray with the total knowledge and willingness that you WILL be cut and you WILL see your own blood. It is only after accepting that fact that one stands a chance in a knife fight. There are even videos on YouTube talking about it.
My fiance just went back to prison because he was in the car with a shotgun.... so i would say no!
Felony Gun Laws
Can felons carry guns? Do guns laws for felons vary by state? Are any states, such as Texas, particularly harsh on felons carrying guns? When is a felon eligible for a gun permit again?
Congress passed the first blanket prohibition on felons carrying guns in the Gun Control Act of 1968, which made it illegal for felons to possess a gun any under circumstances. The Firearm Owners' Protection Act, passed in 1986, reinforced the ban on felons carrying guns, and also banned people who have been convicted of a crime punishable by more than one year of imprisonment from possessing guns.
Congress later expanded federal gun control laws by passing what is commonly known as the Lautenberg Amendment, which prohibits persons who are subject to protective or restraining orders as a result of domestic violence, or who have been convicted of misdemeanor crimes involving domestic violence. Incidentally, these federal laws not only ban felons from possessing guns, but also from possessing any type or amount of ammunition.
In addition to the long-standing federal prohibition on felons possessing guns, there are also many state laws that limit the ability of a felon to legally carry a gun, some of which even predate the federal law. At one extreme, some states prohibit anyone who has been convicted of a felony, and even of certain misdemeanor crimes involving violence, from ever legally carrying a gun. Other states prohibit only those persons who have been convicted of certain violent felonies from carrying a gun.
There are also states where you might be able to legally carry a gun, even though you have been convicted of a felony, if a certain amount of time has passed since you finished serving your term of probation or incarceration. Plus, in the vast majority of states that restrict the possession of guns by felons, juveniles who have been convicted of crimes that would have been felonies had they been adults at the time of conviction are also prohibited from carrying guns. Thus, there are many variations in the exact details of the laws that restrict felons from carrying guns from state to state, but, despite the nature of the state law at issue, the bottom line is that federal law always prohibits felons from possessing guns.
In some states, there are procedures by which a felon could attempt to regain eligibility for a gun permit and/or to legally carry a gun. Federal law states that if a felon has his or her civil rights restored by the state in which he or she was convicted of the felony, then a felon might become eligible to carry a gun, subject, of course, to any state law restrictions on felons possessing guns.
A felon might have his or her civil rights restored, for example, if the felony conviction was expunged, overturned, pardoned, or otherwise set aside. Every state has different laws for these processes, and you must follow the procedures and laws of the state of your felony conviction in order to attempt to become eligible for legal gun possession. As a practical matter, however, there are some states whose laws do not provide for the restoration of the right to carry a gun for felons, such as North Carolina. In those states, then, there is simply no relief from the lifelong ban on a felon possessing a gun.
When a Felon is Released from Parole He Is Given Paper Work Of The Release and On The Bottom Of That Release Form I Tells Them How Many Years They Have To Wait To Get There Rights Back and How Many Years To Get The Right Back To Be Able To Posses A Gun...BUT They Have To Apply For The Right After That Said Time...
Now Most Federal Agents Don't Know The Specifics Until Asked and When They See It In Black & White On The Paper They Tend To Call Someone Who They Can Get An Answer From Which Is What You Would Have To Do, Unless You Have The Release From Federal Parole and You Can Check For Your Self What it States.
You Have To Break Down The Writing Cause It Kinda Goes Together With The Rights Being Restored But The Time Frame Is Different, From What I Remember...
The Rights Time being restored starts at some point of their Release
and The Gun Rights Time Starts After The Parole End Date...
But During That Time Your Waiting There Is Hell to Pay For Being Around One EVEN Ammunition. And Like I Stated IF They Do Restore The Rights It Is Something You Have To Write In For, An Wait For An Answer!
Can a Felon
Possess a Firearm in Texas?
by Donald Ray Burger
Attorney at Law
This is a situation where you would go wrong if you only looked at Texas law. Texas law lets a convicted felon possess a firearm on the premises where he lives once five years have elapsed from his release from prison or from parole, whichever is later. Texas Penal Code §46.04.
However, federal law is much stricter. It generally prohibits a person convicted of a crime "punishable by imprisonment for a term exceeding one year" from possessing a firearm. The test is the length of possible punishment, not whether the crime is called a misdemeanor or a felony. No exception is made for having a firearm at the home, no matter how long ago the conviction. 18 U.S.C. § 922(g).
Also, Federal law makes it unlawful for anyone under indictment for a crime punishable by imprisonment for a term exceeding one year to receive (possess) any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. 18 U.S.C. § 922(n).
TEXAS GUN LAWS
There are basically two levels of gun laws in Texas: the state and federal law. Although Texas resident must comply with the federal laws regarding handgun and rifle possession, there are state laws which apply only to residents while they are in the state. Every gun owner should familiarize themselves with these laws to insure safe ownership. In Texas, it falls to the Texas Department of Public Safety to provide all the pertinent gun law details as well as processing the applications for the conceal and carry registration. If you live in Texas and plan to purchase or already own a gun, you should definitely bookmark TDPS website.
Thanks...you guys so much. Well a friend a mine has been home for like 7 years and we are all together talking about guns...and that subject came up. As far as "protecting my home" I do have a little somethng somethng...and I do have a concealed handgun lic. but I guess concerning me and my situation; I'll cross that bridge when I come to it!
I agree. I have a gun registered to me. And when the time comes I'll do what I have to do. If that means that it gets "housed" somewhere else for the time being, then so be it.
honestly, don't mess with the system and the luck of our men so i would suggest getting rid of any guns or knives when they come home...
which makes me wonder if that also includes steak knives, butterknives, jelly knives.
shrimp bbq, shrimp kabob, shrimp taco....
haha I know. I'm probably going to have my ex father in law keep it. He's the one who bought me the gun 3 years ago. It will stay registered to me, but I won't have it in the house.
The Feds came to my house to do a check before he got out, they asked me if I had any weapons or guns in the house, well my eye caught the rifle that was, behind the grandfather clock by the door, so I told them yes, All they did was gave me a paper that I had to get notorized stating I removed the gun from the premises They gave me two weeks to do it in. As far as knives no problem in the house but NOT IN THE CAR WHICH COULD INCLUDE A BAT, TIRE IRON, LONG SCREW DRIVER, A BULLETD ECT. If pulled over a cop could list it as a weapon. But pellet guns blow guns that shoot a dart are considered weapons maybe even a sword IN THE HOUSE OR CAR! Now to go on a picnic and have a knife for the water melon or food and packed with the picnic supplies works! Now after their parole is over and there in a house where a gun is what can they say they dont own it. Now as a married couple they may be able to say equal ownership so the gun behind lock and key may work also a gun without the firing pin is not a weapon ask first!
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good lord. i just say don't own a gun if you have a felon living in your home! i don't trust the system. never have and now i really don't. even after probation. especially since my guy is a 2 strike felon living in a 3-strike law state. *ugly mean nasty face*
I can tell you from firsthand experience that the best thing to do is to get rid of it. My husband had been out of prison for 15 years when he was caught with a gun in his car that belonged to his sister. Because it was in his car, he was given 40 months in the Feds. The sister used his car to commit a forgery so he picked up a state case and was given 10 years for it.