I was convicted of a Felony in 2004, can I own a weapon?...

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L5454
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I was convicted of a Felony in 2004, can I own a weapon?...

#1

Post by L5454 »

I was convicted of a State Jail Felony in 04, released in 06 under shock probation.
Forgery and Aggregated (Not Aggravated) Theft.
I was told when released that I was ineligible to vote and own a weapon, but when released i received a "pink sheet",
and have voted ever since.
I do understand that Federal Laws trump state laws, but I am wanting to know because as a Vet I have shadow award cases with my Side arms and rifle and awards from service in my house
Am I breaking the law?
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Beiruty
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Re: I was convicted of a Felony in 2004, can I own a weapon?...

#2

Post by Beiruty »

As per Federal Law, you cannot be in possession of firearms period. That includes purchasing or transferring ownership to you.
Best course, petition for Governor Pardon and Purge your criminal record.
Beiruty,
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Richbirdhunter
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Re: I was convicted of a Felony in 2004, can I own a weapon?...

#3

Post by Richbirdhunter »

I'm asking because I don't know the answer, what defines a gun? How many parts can you remove until it's a paper weight?
Disclaimer: Anything I state can not be applied to 100% of all situations. Sometimes it's ok to speak in general terms.

Texsquatch
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Re: I was convicted of a Felony in 2004, can I own a weapon?...

#4

Post by Texsquatch »

Richbirdhunter wrote:I'm asking because I don't know the answer, what defines a gun? How many parts can you remove until it's a paper weight?
I believe the lower receiver or frame is always considered the piece subject to firearm transfer/purchase requirements. Such as those Sig frames you can swap out or the AR lowers that require a serial number and FFL transfer.

CJ7nvrstk
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Re: I was convicted of a Felony in 2004, can I own a weapon?...

#5

Post by CJ7nvrstk »

Aren't they the property of your wife or significant other?
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Keith B
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Re: I was convicted of a Felony in 2004, can I own a weapon?...

#6

Post by Keith B »

CJ7nvrstk wrote:Aren't they the property of your wife or significant other?
That may not be valid since a felon that is prohibited from owning firearms cannot be where the firearm is accessible. This means if they are in a home and the they can get to the gun by accessing the safe or other storage, then they are in violation.

As for if you can own one, unless you have gone through getting your rights restored, then probably not. Will depend on what the terms of your release were. You would be best to consult your lawyer and/or probation officer for the answer.
Keith
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Texsquatch
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Re: I was convicted of a Felony in 2004, can I own a weapon?...

#7

Post by Texsquatch »

CJ7nvrstk wrote:Aren't they the property of your wife or significant other?
Sounds like a good way to go back to prison. OP should talk to his lawyer before putting himself in jeopardy.
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VMI77
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Re: I was convicted of a Felony in 2004, can I own a weapon?...

#8

Post by VMI77 »

Texsquatch wrote:
CJ7nvrstk wrote:Aren't they the property of your wife or significant other?
Sounds like a good way to go back to prison. OP should talk to his lawyer before putting himself in jeopardy.
From what I understand, here in Texas under state law, a felon can own a gun after having a clean record for 5 years. However, under Federal law, a convicted felon can be charged and sent to prison for having even a bullet in his possession. The Feds also have something called "constructive possession" so just knowing the safe combination where a spouse stores a legal gun could put you in violation. In any case you should be asking a lawyer about it.
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