CCW vs. felony charge

[jgreen]

One more question, kinda off suject...........The new bill passed by Perry allowing self defense without retreat in home/work or vehicle..........how would that apply to someone like me?
In other words if someone broke into my home now endangering my family.......would I have the right to use deadly force if it was truly in self defense? If they had one pulled or was trying to sexually assault my wife, or kidnap my kids?
Without a doubt I'll use deadly force legal or not, if ever found in that situation, but I'd rather be legal to posess in the meantime.

These questions are impossible to answer in definitive terms. There is no "right" in Texas to use deadly force. Its use MAY be a "defense to prosecution" which means you can always be charged with it and if so, you have to prove the legal justification you had to use it.

My best advice is to take a CHL class anyway. You will learn Texas use of force laws, conflict resolution and other useful things. Since you don't need a certificate, perhaps a reasonable instructor would offer you a discount to "audit" the class.

I would.

Absolutely, I'll pay full price and all, I just thought I couldn't even register because of the conviction.
By the way I'm from Texarkana, currently in Abilene. Any suggested instructors?

[txinvestigator]

That appears it was a State Jail Felony, max possible punishment 2 years. Unfortunately, unless you can do as srothstein suggested you cannot possess a firearm under Texas law, except at your residence.

Texas Penal Code
§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.


According to the ATF website;

Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]


Yes, a person who –

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

http://www.atf.gov/firearms/faq/faq2.htm#b1

But can I go to a gun show/pawn shop/gun dealer and buy a gun to posses at home? Or does someone else have to buy it or give it to me?
I appreciate all the info and help, these laws just seem a little fuzzy to me.
Thanks again.

I am not an expert on Federal Gun laws, but a dealer cannot transfer a firearm to you if he has knowledge that you cannot receive it under federal law.

As far as an individual;

Check out the ATF Website;

http://www.atf.gov/firearms/faq/faq2.htm#b1

[KBCraig]

It's a good news/bad news situation. The good news is that you can apply for a state restoration of rights, and be legal for sporting purposes (if not CHL).

The bad news is, the feds won't care. So far as they're concerned, if you've been convicted of any crime for which the punishment could have been more than a year in prison (even if you never actually spent a day in jail), you're barred from buying or possessing a gun. Even a single round of ammunition can get you 5 years of federal time.

And yes, I do see these cases regularly. People do get convicted in federal court, even though they were legal by state law. No different than medical marijuana in states where it's legal: the feds will bust you anyway.

Kevin

[KBCraig]

Oh, and nothing stops your wife from getting her CHL, assuming her record is clean. So long as you don't have access (meaning either actual or constructive possession), you're in the clear.