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Re: friend with a felony
Posted: Thu Feb 12, 2009 5:08 pm
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.
Re: friend with a felony
Posted: Thu Feb 12, 2009 5:49 pm
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.
Re: friend with a felony
Posted: Thu Feb 12, 2009 7:12 pm
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.

Re: friend with a felony
Posted: Thu Feb 12, 2009 7:24 pm
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.


Re: friend with a felony
Posted: Thu Feb 12, 2009 7:28 pm
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?

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
Re: friend with a felony
Posted: Thu Feb 12, 2009 7:50 pm
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?

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.

Re: friend with a felony
Posted: Thu Feb 12, 2009 10:03 pm
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.

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.
Re: friend with a felony
Posted: Fri Feb 13, 2009 11:08 am
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 ;)
Re: friend with a felony
Posted: Fri Feb 13, 2009 7:38 pm
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.
Re: friend with a felony
Posted: Fri Feb 13, 2009 7:48 pm
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.