State Felon and Firearms

LedJedi · Post by **LedJedi** » Mon Oct 01, 2007 12:19 pm

Got a few questions. I tried to research this on my own but I went cross eyed after a few minutes.

I have a very good buddy who in his younger years did some things he now regrets. He did time for two state jail felonies. 1) Delivery of a controlled substance and 2) Theft of a firearm .

I believe he's barred from getting a CHL, but he's looking at getting a firearm for security, not necessarily as a CHL situation. We're not sure if he's barred from buying/owning because of his record.

He's considering getting one in his wife's name. I mentioned that I believe that would be considered a "straw man" purchase and wasn't' sure of the legality of that.

Short of talking to his lawyer about the issue which he doesn't have one on retainer, can anyone shed some light on whether or not he should be legally allowed to own a weapon and what the consequences might be if he's not and there's one in the house with him?

Renegade · Post by **Renegade** » Mon Oct 01, 2007 12:37 pm

As a felon, he is banned under Federal Law from possessing a firearm.

PC Â§ 46.04 provides a minor loophole to allow possession in his home, but it would still be a Federal Felony.

In short, he need to forget about ever touching a firearm again.

seamusTX · Post by **seamusTX** » Mon Oct 01, 2007 12:44 pm

My understanding is that it is a federal felony for a felon to possess a firearm.

If his wife is qualified to buy a firearm, she can have one at home or on her person. However, if the felon is alone in the house, he can be construed as being in possession. I don't know if having a safe factors into this.

I have read about cases where a felon was prosecuted for "possessing" a firearm that someone else in the house owned. However, those were usually drug cases where other illegal activity was going on.

Texas law allows a felon to possess a firearm at home, after five years of clean living (PC Â§46.04). However, the federal law negates that.

There is an urban legend that says a felon may possess a pre-1899 model weapon such as a muzzle-loader or cap-and-ball revolver. However, I am not sure that is true.

- Jim

LedJedi · Post by **LedJedi** » Mon Oct 01, 2007 2:04 pm

That's kind of what I thought too.

So could the wife get in trouble for making a firearm available to him? Obviously buying it for him is a no-no, but what about just leaving it in her purse in the car when he's in the vehicle... etc. There are any number of ways to slice this, he just wants to know if he's putting his wife in harms way by doing this.

seamusTX · Post by **seamusTX** » Mon Oct 01, 2007 2:13 pm

LedJedi wrote:... what about just leaving it in her purse in the car when he's in the vehicle... etc. There are any number of ways to slice this, he just wants to know if he's putting his wife in harms way by doing this.

IMHO, her having a firearm could lead to trouble for both of them, particularly if it's loose in the car.

However, G. Gordon Liddy, who is a felon, talks openly on the radio about his wife owning firearms.

I would say, if his wife gets a CHL and always keeps the handgun on her person, it would not be a problem.

There, this thread is now on topic.

- Jim

mr surveyor · Post by **mr surveyor** » Mon Oct 01, 2007 5:07 pm

the "G-Man" was exactly who I was thinking of when you discussed the "federal felony" aspects!

Roger Howard · Post by **Roger Howard** » Tue Oct 02, 2007 1:15 am

seamusTX wrote:
There is an urban legend that says a felon may possess a pre-1899 model weapon such as a muzzle-loader or cap-and-ball revolver. However, I am not sure that is true.

- Jim

If you look in the Texas Hunting and Fishing guidebook You will find a section that states a felon can use a muzzleloading firearm for hunting. It can be a reproduction. I can't give you the text as written, it's at home and I'm in South Carolina.

WarHawk-AVG · Post by **WarHawk-AVG** » Tue Oct 02, 2007 11:05 am

LedJedi wrote:Got a few questions. I tried to research this on my own but I went cross eyed after a few minutes.

I have a very good buddy who in his younger years did some things he now regrets. He did time for two state jail felonies. 1) Delivery of a controlled substance and 2) Theft of a firearm .

I believe he's barred from getting a CHL, but he's looking at getting a firearm for security, not necessarily as a CHL situation. We're not sure if he's barred from buying/owning because of his record.

He's considering getting one in his wife's name. I mentioned that I believe that would be considered a "straw man" purchase and wasn't' sure of the legality of that.

Short of talking to his lawyer about the issue which he doesn't have one on retainer, can anyone shed some light on whether or not he should be legally allowed to own a weapon and what the consequences might be if he's not and there's one in the house with him?

Well...it would be better to teach people..especially YOUNG people the discipline of being responsible for your actions

Its sad he did something stupid when younger (selling drugs and stealing a gun is very stupid), and now he gets to pay for the consequences for his actions...too many people get off light these days..and this is why there are more and more repeat offenders

Can he own a large knife or one of those replica swords...because he is now paying the piper for his mis-deeds

Rex B · Post by **Rex B** » Tue Oct 02, 2007 11:23 am

Sounds like your friend needs to go shop for one of those nice Ruger SS Cap and ball .44 revolvers.

NAA also makes a neat little .22 cap and ball pocket revolver. Some people are shooting them with smokeless powder.

I wonder if that gets under the radar with the unlicensed possession laws?

LedJedi · Post by **LedJedi** » Tue Oct 02, 2007 11:25 am

well, it turns out that his five years from his release date is up this month so it may be a non issue. Wish he could get a CHL, but i suppose everything has it's price.

thanks for the input guys.

seamusTX · Post by **seamusTX** » Tue Oct 02, 2007 11:31 am

LedJedi wrote:well, it turns out that his five years from his release date is up this month so it may be a non issue.

That makes him legal under state law. He is prohibited at the federal level forever (under current law).

He might look into getting a pardon. Being a felon limits a person in so many ways, not just owning firearms.

- Jim

killerquad · Post by **killerquad** » Tue Oct 02, 2007 1:46 pm

Well I think this is somewhat related to the origianl post so I hope this is not considered hijacking. I have a friend who has been convicted of a felony and served time in a different state. He is now out and is not on parole or anything. Can he go shooting to a range or is that also considered a no no?

Renegade · Post by **Renegade** » Tue Oct 02, 2007 1:56 pm

killerquad wrote: have a friend who has been convicted of a felony and served time in a different state. He is now out and is not on parole or anything. Can he go shooting to a range or is that also considered a no no?

See first sentence of my first post. Felons can never touch a firearm again.

barres · Post by **barres** » Wed Oct 03, 2007 6:23 pm

Renegade wrote:
killerquad wrote: have a friend who has been convicted of a felony and served time in a different state. He is now out and is not on parole or anything. Can he go shooting to a range or is that also considered a no no?
See first sentence of my first post. Felons can never touch a firearm again.

To some people, to possess means to own. Felons are prohibited from being in possession, even temporarily, of a firearm.

killerquad · Post by **killerquad** » Wed Oct 03, 2007 8:09 pm

barres wrote: To some people, to possess means to own. Felons are prohibited from being in possession, even temporarily, of a firearm.

WOW look at that! A great explanation with out the attidude. Thanks Barres.

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