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rbftfire wrote:A couple of co-workers and I were discussing a situation that one's daughter is in and I am having trouble figuring out how the laws would be applied here. Perhaps you folks can help me out.

The situation is this:

John and Jane (fake names) are married and live in a single family home. John is prohibited from possessing, owning, etc. a firearm due to multiple felony convictions . Jane has a clear criminal record and is in no way a prohibited person (although one could argue that she should be adjudicated mentally defective for her choice of mate ). Can Jane keep a gun in the house without fear that John will go to jail for it (assuming it is discovered)? With a gun in the house, at what point is John in possession of it? What if Jane has it in her car but John is riding with her?

That makes me think of additional angles on this. What if I have someone riding with me that is a prohibited person. I have my CHL and I assume that if I'm wearing my pistol that they probably won't charge him/her with anything, but what if I'm driving and its in the glove compartment?

Thanks for your input.

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.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person's release from confinement following conviction of the misdemeanor; or
(2) the date of the person's release from community supervision following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.
(d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.
(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:
(1) is designated by a law of this state as a felony;
(2) contains all the elements of an offense designated by a law of this state as a felony; or
(3) is punishable by confinement for one year or more in a penitentiary.
(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this state as a felony.

jagged97 wrote:IANAL, but it looks like after the fifth year after release from confinement (this includes supervision such as parole), a convicted felon may possess firearms at the premises where the person lives. There are some other caveats as well.