Originally posted by Uncle Saggy
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Felons and firearms.
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Originally posted by Lungbustr View PostA 9 year old cannot legally transport a firearm in Texas. So unless you live on the property you hunt, that's going to be a problem.
Originally posted by Roy Munson View PostI was referring to original question which had nothing to do with him being in his house. Again, both State and Federal law prohibit his knowing or constructive possession of a firearm in the original scenario.Originally posted by Roy Munson View PostNo. I just addressed the original question under the circumstances posed and provided an accurate statement of the law. If I were a convicted felon there is no way I would take my 9 yo nephew gun hunting because, although the risk is small that I would get caught, I don’t want to spend the next 60 months (minimum) in state or federal prison.
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Ironman, are you a felon? Someone close to you is a felon? I dont expect you to answer honestly on public forum but you are certainly sympathetic to the plight of felons. One of your kids, a sibling maybe? All of your posts in this thread have either addressed how easy it is to become a felon or triumphed the rights of felons to keep firearms in their home. None of which were requested by the OP. I guess I hit a nerve.
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Originally posted by Roy Munson View PostIronman, are you a felon? Someone close to you is a felon? I dont expect you to answer honestly on public forum but you are certainly sympathetic to the plight of felons. One of your kids, a sibling maybe? All of your posts in this thread have either addressed how easy it is to become a felon or triumphed the rights of felons to keep firearms in their home. None of which were requested by the OP. I guess I hit a nerve.
The only nerve you hit was an incorrect statement about a felon being forbidden from owning a firearm.
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I knew you wouldn’t answer honestly. Everyone one else understood I was addressing original question and my answer was correct. The sensitivity to this issue is ridiculous. Didn’t the guys you were housed with in Beeville tell you you couldn’t show emotion. When did you or you’re loved one get convicted or paroled?
There is no way you are this passionate about felons rights to possess in their own home (when that wasn’t a question that the OP asked) unless you spent some time looking into it. Because it affects you directly. Sorry your dad, aunt, uncle or children made poor decisions.
We will just take you at your word this isn’t personal for you.
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Originally posted by Roy Munson View PostI knew you wouldn’t answer honestly. Everyone one else understood I was addressing original question and my answer was correct. The sensitivity to this issue is ridiculous. Didn’t the guys you were housed with in Beeville tell you you couldn’t show emotion. When did you or you’re loved one get convicted or paroled?
There is no way you are this passionate about felons rights to possess in their own home (when that wasn’t a question that the OP asked) unless you spent some time looking into it. Because it affects you directly. Sorry your dad, aunt, uncle or children made poor decisions.
We will just take you at your word this isn’t personal for you.
I'm not passionate about ****! It's the law. How in the hell you get I'm passionate about knowing what the law is in Texas, I have no clue. Just because some are obviously ignorant of what the law is certainly doesn't make me sympathetic to felons. Sorry you made an incorrect statement, and now feel the need to push your BS insinuations on me.
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Originally posted by LWD View PostAssuming your daughter is not otherwise prohibited, yes, and her possession wouldn't be limited to home defense. The issue is how do you secure the firearm so that she has access to it and he does not. If he has access to the firearm, you're getting into shaky territory. It's a lot risk than either wants to take because providing a firearm to a prohibited person is a federal crime.
LWD
If somebody gets a conviction, I do know a fairly decent appellate attorney
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The law in Texas is that that guy taking his nephew hunting could result in a serious federal or state prison sentence. Your advice is garbage. That’s the start and end of it. Why you want to champion felons rights when that has nothing to do with the OP’s question is your business.
I get it. You’re not comfortable talking about it. It’s too soon. A lot of offenders feel like it’s therapeutic to get it off their chest but I guess you don’t.
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Originally posted by Roy Munson View PostThe law in Texas is that that guy taking his nephew hunting could result in a serious federal or state prison sentence. Your advice is garbage. That’s the start and end of it. Why you want to champion felons rights when that has nothing to do with the OP’s question is your business.
I get it. You’re not comfortable talking about it. It’s too soon. A lot of offenders feel like it’s therapeutic to get it off their chest but I guess you don’t.
Once again, I'm not champion anything. I simply pointed out your statement was incorrect, and it is.......still.
It's quiet simple, your ignorance of the law is not my problem. Have a good night.
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Originally posted by sog45 View PostFelon cannot possess a firearm for 5 years from release from confinement date. It could be interpreted as such in this circumstance since the child is only 9.
i'm not trying to be a smart ***, just wondering.
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This seems to keep coming up in the thread but doesn't have so much to do with what the OP asked.............I filed numerous cases as an ATF TFO. These cases were reserved for most hardcore, violent, drug offenders in possession of firearms. I am NOT NEXUS certified. ATF has there own agents who are that ran the firearms for this purpose on FEDERAL CASES.
As for the OPs question. I would not want to test the waters in the scenario given. Most people belief possession means to have on your person. Not necessarily so.
The Commerce Clause and a Prohibited Person
In order to establish federal jurisdiction in § 922 cases, the gun involved must have traveled in interstate or
foreign commerce. For firearms cases the prosecutor needs to show only that the firearm or ammunition
crossed a state line at some point in its history. For example, if the firearm was manufactured in Michigan
and is recovered in Maine, the interstate nexus requirement has been satisfied. If the firearm was made in
Maine and recovered in Maine, but the prosecutor can demonstrate that it was used to commit a crime in
Maryland 10 years ago, this too will suffice.
The best way to establish that the gun has traveled in interstate commerce is to contact the Bureau of Alcohol,
Tobacco, Firearms and Explosives, which can trace crime guns to determine where they were manufactured
and sold.
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Originally posted by Roy Munson View PostIronman, are you a felon? Someone close to you is a felon? I dont expect you to answer honestly on public forum but you are certainly sympathetic to the plight of felons. One of your kids, a sibling maybe? All of your posts in this thread have either addressed how easy it is to become a felon or triumphed the rights of felons to keep firearms in their home. None of which were requested by the OP. I guess I hit a nerve.
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