friend with a felony

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

txfireguy2003
Member
Posts: 86
Joined: Sat Jan 17, 2009 5:50 pm

Re: friend with a felony

Post by txfireguy2003 »

And I found it, I know, it's off topic, but for those interested:

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.

In other words, after 5 years with your nose clean, a felon can possess a firearm in their home, but nowhere else.
User avatar
Oldgringo
Senior Member
Posts: 11203
Joined: Sat Mar 08, 2008 10:15 pm
Location: Pineywoods of east Texas

Re: friend with a felony

Post by Oldgringo »

txfireguy2003 wrote:And I found it, I know, it's off topic, but for those interested:

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.

In other words, after 5 years with your nose clean, a felon can possess a firearm in their home, but nowhere else.
It really isn't off topic, IMO. It addresses at least part of the original question raised by the OP and others.

Thanks.
User avatar
Kythas
Senior Member
Posts: 1685
Joined: Wed Feb 20, 2008 10:06 am
Location: McKinney, TX

Re: friend with a felony

Post by Kythas »

txfireguy2003 wrote:And I found it, I know, it's off topic, but for those interested:

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.

In other words, after 5 years with your nose clean, a felon can possess a firearm in their home, but nowhere else.

So he would be allowed to POSSES the firearm, but is still unable to PURCHASE the firearm. And if anyone GIVES him the firearm he's apparently allowed to posses in his house, they are commiting a felony. :headscratch
“I’m all in favor of keeping dangerous weapons out of the hands of fools. Let’s start with typewriters.” - Frank Lloyd Wright

"Both oligarch and tyrant mistrust the people, and therefore deprive them of arms" - Aristotle
User avatar
03Lightningrocks
Senior Member
Posts: 11460
Joined: Tue Apr 08, 2008 5:15 pm
Location: Plano

Re: friend with a felony

Post by 03Lightningrocks »

Kythas wrote:
txfireguy2003 wrote:And I found it, I know, it's off topic, but for those interested:

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.

In other words, after 5 years with your nose clean, a felon can possess a firearm in their home, but nowhere else.

So he would be allowed to POSSES the firearm, but is still unable to PURCHASE the firearm. And if anyone GIVES him the firearm he's apparently allowed to posses in his house, they are commiting a felony. :headscratch

:iagree: :headscratch
05kas05
Junior Member
Posts: 44
Joined: Thu Dec 18, 2008 7:17 pm

Re: friend with a felony

Post by 05kas05 »

Oldgringo wrote:Speaking of being quick to judge, I told you what my Momma taught me as I was growing up. But since it has been brought up, I am kinda' picky about who I associate with...isn't everybody? :tiphat:
oldgringo: i was not trying to judge you or anyone for that matter so if i offended you i apoligize that was not my intention at all
User avatar
Oldgringo
Senior Member
Posts: 11203
Joined: Sat Mar 08, 2008 10:15 pm
Location: Pineywoods of east Texas

Re: friend with a felony

Post by Oldgringo »

05kas05 wrote:
Oldgringo wrote:Speaking of being quick to judge, I told you what my Momma taught me as I was growing up. But since it has been brought up, I am kinda' picky about who I associate with...isn't everybody? :tiphat:
oldgringo: i was not trying to judge you or anyone for that matter so if i offended you i apoligize that was not my intention at all
No harm, no foul. Thank you and take care.
:cheers2:
srothstein
Senior Member
Posts: 5322
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: friend with a felony

Post by srothstein »

Kythas wrote:
txfireguy2003 wrote:And I found it, I know, it's off topic, but for those interested:

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.

In other words, after 5 years with your nose clean, a felon can possess a firearm in their home, but nowhere else.

So he would be allowed to POSSES the firearm, but is still unable to PURCHASE the firearm. And if anyone GIVES him the firearm he's apparently allowed to posses in his house, they are commiting a felony. :headscratch
It is easy to understand. Texas has their laws on felons and decided the five year penalty was enough. They make the same time distinction under the section making it illegal to sell or give the felon a firearm (you can do so after the five year period). So the state laws are consistent.

But, along came the feds and in 1968 they decided they could strip a person's rights forever. So the felon cannot legally possess the firearm or buy the firearm ever under federal law. And you cannot knowingly give him the firearm under federal law.

And, since federal law trumps state law when there is a conflict, we are almost all more familiar with the federal law. When someone points to the state law and we see the difference, it can be confusing until we think it all through.
Steve Rothstein
atxgun
Senior Member
Posts: 923
Joined: Tue Oct 23, 2007 3:12 am
Location: Austin, TX
Contact:

Re: friend with a felony

Post by atxgun »

There's a lot of citing of laws as written going around here. While those are true and important let us not forget that during a trial it is not only the defendant but also the law itself being tried. If there's some bogus stuff going down, and even if he's "guilty" according to the law, jurors may find him inoccent (note I didn't say not guilty).

Case in point:

http://snardfarker.ning.com/profiles/bl ... tion-peers" onclick="window.open(this.href);return false;

IANAL. (would love to hear some lawyers responses to this though ;)
User avatar
Liberty
Senior Member
Posts: 6343
Joined: Mon Jul 03, 2006 8:49 pm
Location: Galveston
Contact:

Re: friend with a felony

Post by Liberty »

atxgun wrote:There's a lot of citing of laws as written going around here. While those are true and important let us not forget that during a trial it is not only the defendant but also the law itself being tried. If there's some bogus stuff going down, and even if he's "guilty" according to the law, jurors may find him inoccent (note I didn't say not guilty).

Case in point:

http://snardfarker.ning.com/profiles/bl ... tion-peers" onclick="window.open(this.href);return false;

IANAL. (would love to hear some lawyers responses to this though ;)
Anyone with strong opinions like this will never be allowed on a jury unless they lied about their opinion.
Liberty''s Blog
"Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." John F. Kennedy
Frost
Senior Member
Posts: 354
Joined: Wed Apr 18, 2007 1:36 am
Location: Houston

Re: friend with a felony

Post by Frost »

Liberty wrote:Anyone with strong opinions like this will never be allowed on a jury unless they lied about their opinion.
Two wrongs do not make a right, but i don't feel obliged to honestly answer questions they shouldn't be asking in voir dire.
It can happen here.
Post Reply

Return to “General Texas CHL Discussion”