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Legal Question About Felonies
Posted: Thu Sep 03, 2009 5:48 pm
by USA1
after reading another thread, i got to thinking .
certain felonies (non violent) that are over ten years old are not a disqualification for a Texas CHL.
however , its has been my belief that a convicted felon cannot purchase or own a firearm .
what am i missing ?
Re: Legal Question About Felonies
Posted: Thu Sep 03, 2009 6:00 pm
by nitrogen
federal vs. state laws.
The federal laws supersede the state ones.
If federal laws ever change, then the state's differences will be meaningful.
Re: Legal Question About Felonies
Posted: Thu Sep 03, 2009 6:05 pm
by USA1
makes sense .
i never thought about it that way .
Re: Legal Question About Felonies
Posted: Thu Sep 03, 2009 6:11 pm
by C-dub
So, why would NC do this? Is this another attempt to reclaim states rights?
Re: Legal Question About Felonies
Posted: Thu Sep 03, 2009 6:21 pm
by ScottDLS
USA1 wrote:after reading another thread, i got to thinking .
certain felonies (non violent) that are over ten years old are not a disqualification for a Texas CHL.
however , its has been my belief that a convicted felon cannot purchase or own a firearm .
what am i missing ?
The definition of a disqualifying "felony" for a Texas CHL includes deferred adjudications where technically no conviction was obtained. The Feds do not consider a felony deferred adjudication to be a disqualification for obtaining a firearm. In this area Texas CHL law is actually stricter than Federal law.
On the other hand, I believe Texas law allows a convicted felon to possess a firearm in his home after 10 years from conviction, while Federal law still bars any possession.