Felons and firearms.

[Jon Stewart]

You have received a lot opinions on this from the general public to law enforcement personnel . Being retired law enforcement I suggest that you call your local prosecutor for an opinion and if they don't have one, ask them to get you one. All said and done if you break the law you pay the consequences .

The prosecutors are the folks that issue the warrants for your arrest.

[Tx_Wader]

There is no minimum age to possess firearms under Texas law.

Texas law prohibits intentionally or knowingly selling, renting, leasing, or giving or offering to sell, rent, lease, or give any firearm to any child younger than age 18.

However, it is an affirmative defense to this offense that the parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.

Since there is no age limit for the possession of a rifle or shotgun in Texas I don't see why the kid couldn't have the rifle and be in possession of it while the felon is there with him.

But I'm not an attorney so I would ask the local DA or CA and find out.

[WCB]

You have received a lot opinions on this from the general public to law enforcement personnel . Being retired law enforcement I suggest that you call your local prosecutor for an opinion and if they don't have one, ask them to get you one. All said and done if you break the law you pay the consequences .

The prosecutors are the folks that issue the warrants for your arrest.

And prosecutors from different parts of the State will have different opinions...

[Artos]

What manner of sorcery is this?

You need to read the rest of the thread...

[WCB]

You need to read the rest of the thread...

Blasphemy

[gilbear]

People do stupid stuff when they are young.....long before they think about marriage and kids and life long consequences.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^True

[bpa556]

Unless said felon is 5 years clear, then it would be no problem for someone to sell and deliver the person a gun (as long) as it was wholly manufactured in Texas, correct?

How in the world is a gun being manufactured in Texas owned by a felon not considered a firearm? I'm really confused about that...it's still a firearm isn't it? Glad I decided against law school. My head is spinning :/)


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It is a firearm. It’s just not subject to the Interstate Commerce clause, and therefore not subject to federal regulation.


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[donpablo]

Lot of Felonies Going On

So here is one for you. I had to meet with a man one day that needed to do his yearly registration as a sex offender. Nice enough guy, dressed well, drove nice car and held a good job. Got to talking to him about his offense and learned:

He was convicted of having sex with his girlfriend after daddy of the girl caught them. He was 18, she was 16.

He must register for the rest of his life because he wasn’t thinking with the head on his shoulders.

He is now married, been so for about ten years at the time of registration and has two kids with his wife. His father-in-law likes the man, but in the back of his mind, knowing about the charge, has some conflicted emotions.

AND here it is....His wife of ten years was the victim of his this crime. Daddy came home that night, caught the two in bed and because of his anger, and there were some other emotions running rampant, called the police and the young man was arrested. The girl stood by his side, and in fact, his FIL tried to have the charges dropped, but the DA was not having it.

I spoke to his FIL a week after the registration of the young man and he still regrets what he did and said it almost ruined his relationship with his daughter, but it’s gotten better over the years. He said the two had been talking of the future and were high sweethearts and still are to this day (at time registration).

So as stated, it’s not hard to become a felon.


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You think that's bad, if/when any of these teenagers get caught sending each other naked pics on that phone/laptop/tablet, etc. they can receive a felony child ****ography charge. If prosecuted, they become sex offenders for the rest of their lives. And yet the vast majority of parents give their kids a smart phone with little to no supervision or restrictions.

[Roy Munson]

It is a firearm. It’s just not subject to the Interstate Commerce clause, and therefore not subject to federal regulation.


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Try telling that to the LEO when he runs your history. Not being federally regulated has nothing to do with the legality of its possession.

The law forbids its possession by any person who has previously been convicted of any state or federal felony.

There is no way to restore gun rights. Legislation was passed creating an office to get this done, but accompanying legislation to actually fund its creation was never passed.

[youngbuck1]

I thought after ten years it didn’t matter... last I read about it anyway and I’m probably wrong. Don’t care either way but it shouldn’t follow you your whole life imop

[Kdurham]

It is a firearm. It’s just not subject to the Interstate Commerce clause, and therefore not subject to federal regulation.


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Ok that makes sense!!!!!


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[Kdurham]

Try telling that to the LEO when he runs your history. Not being federally regulated has nothing to do with the legality of its possession.



The law forbids its possession by any person who has previously been convicted of any state or federal felony.



There is no way to restore gun rights. Legislation was passed creating an office to get this done, but accompanying legislation to actually fund its creation was never passed.

I hope your not a cop because the law clearly states a felon can have a gun inside their home after 5 years :-)


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[bpa556]

Try telling that to the LEO when he runs your history. Not being federally regulated has nothing to do with the legality of its possession.



The law forbids its possession by any person who has previously been convicted of any state or federal felony.



There is no way to restore gun rights. Legislation was passed creating an office to get this done, but accompanying legislation to actually fund its creation was never passed.

I clarified the interstate commerce clause issue without regard to the legality of possession. However, by definition, the federal government may only prohibit possession of that which they may “legally” regulate....

A pardon by the state Governor (for state felonies) will restore both state and federal rights.

Good luck with a presidential pardon for federal convictions...


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[Etxbuckman]

This is BS. I've been a police officer for 28 years and never heard this.

Here's the law:

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.

Go back and read the rest of the thread. I didn't pull this out of my butt for the sake of conversation.

[Guerrero88]

awesome...i'm no longer self employed, and yet i still have to work every day or i don't get paid. Crazy how that works :d

:d :d