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Old 10-05-2011, 05:34 AM   #1
wyliescrib
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Default felons and hunting

got into a huge discussion around the campfire the other night about a felon and his use of a wepon to hunt... there is a lot of confusion about this and was wondering if any of you guys KNOW what the law is.... for what its worth most thought it was ok for a felon to be able to use a bow or crossbow but not a firearm... but some even thought a muzzle loader would be ok..... if i could find out before next weekend i might be able to win a few beers around the fire..... thanks for your help....
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Old 10-05-2011, 05:39 AM   #2
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True muzzle loader y.es. Those fancy in line ones no. What I was told by a felon.
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Old 10-05-2011, 05:45 AM   #3
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felon can't use a crossbow

wee
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Old 10-05-2011, 05:48 AM   #4
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Look up Tx penal code 46.05 it will tell you everything you need to know about felons and firearms.

Last edited by Hard Knocks; 10-05-2011 at 05:52 AM..
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Old 10-05-2011, 05:51 AM   #5
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In Texas I think a felon can bowhunt....not sure about the smokepole??? If they are a federal felon I don't think they can do either. But I think that the Feds have a lenghty not so cheap way that one of thier felons can obtain thier right again.
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Old 10-05-2011, 06:30 AM   #6
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This affects me due to mistakes I made during my mis-spent youth, here it is from TPWD web site. - Possession of firearms by felons: A convicted felon, regardless of where the conviction occurred, may not possess or use a firearm (as defined by Penal Code, 46.01) to hunt in this state. Under Penal Code, 46.01, a muzzleloading firearm is lawful if it is an antique or curio firearm manufactured before 1899 or a replica of an antique or curio firearm manufactured before 1899 that does not use rimfire or centerfire ammunition.




209 primers used in modern MLs are considered centerfire. I use a CVA Graywolf .50 percussion ML and a Pedersoli double barrel percussion 12ga. when I choose to hunt with a gun. I have looked into this in other states. I have not found another state that allows felons to use muzzleloaders, and there are some states that don't allow felons to hunt with archery gear either, considering a bow a firearm. I'm staying in Texas!

Last edited by Txjourneyman; 10-05-2011 at 06:35 AM..
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Old 10-05-2011, 06:57 AM   #7
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I don't see how any muzzle loader can be considered a fire arm when you walk in and buy them with out any background checks?
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Old 10-05-2011, 07:01 AM   #8
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Originally Posted by BigThicketBoy View Post
I don't see how any muzzle loader can be considered a fire arm when you walk in and buy them with out any background checks?
True, you can go in and buy an inline ML without a background check. However buying 209 primers is considered the same as buying centerfire ammo, that is where you are in violation. I have wondered about the CVA Electra. A centerfire ML that uses an electronic ignition source rather than a centerfire primer.
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Old 10-05-2011, 07:19 AM   #9
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This affects me as well and what TXjourneyman said is correct.


What Wheelie said is not true.....felons can also use crossbows.

Texas Penal code prohibits felons from possessing a "firearm" see definition:

(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

A crossbow is not a "firearm" by definition.

You can check Texas Penal Code Chapter 46 for more information.

Last edited by TXhunter77; 10-05-2011 at 07:22 AM..
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Old 10-05-2011, 08:26 AM   #10
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A felon told me that his parole officer informed him that he could use a bow with release, but not a crossbow. Something to do with the trigger being mounted on the frame of the weapon. He also said that he was prohibited from using a muzzle loader for the same reason. That said, he was referring to the terms of his parole, and not neccessarily the law, parole and probation terms can be much more strict than the actual law. Once off parole, and completely free, the law takes over and the terms of parole are null.
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Old 10-05-2011, 09:28 AM   #11
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A good friend of mine was convicted of a felony a long time ago when he was young and stupid (he didn't go to prison, but did everything the court asked and is not on parole) and he wanted to buy a rifle to pass down to his son, as his parole officer told him he could.

We went to the gun shop, he picked out a beautiful Browning A-bolt 30.06 stainless with wood stock and nice gold engravings (that stock was one of the most beautiful stocks I've ever seen btw), with a Leupold scope and a case. Started filling out the paperwork and checked 'yes' for '...convicted of a felony'. The salesman asked my friend "are you serious??" (of course my friend said yes) and the sale was stopped right then and there. He also told me that I couldn't buy the rifle for my friend, even as a 'gift', as I could face jail time for giving a fire arm to a convicted felon.

So we started talking about other options with the salesman, and he told us the only 'firearm' my friend could have is a percurio-style muzzleloader (ex. an 1800s replica). He also said that if we were hunting together and my friend had a center-fire rifle, myself and all other lease members could face jail time. I don't know if this is true but I'll take his word for it.

The option of archery wasn't even considered as he has no desire to learn the sport. I have to say I really feel sorry for his son as he too will not be able to 'own' a rifle while he is living with his dad.
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Old 10-05-2011, 09:50 AM   #12
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How many felons out there have a boatload of guns anyways? That is my question....
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Old 10-05-2011, 09:53 AM   #13
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Interesting topic.
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Old 10-05-2011, 09:55 AM   #14
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How many felons out there have a boatload of guns anyways? That is my question....
The ones that didn't mind the first felony.
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Old 10-05-2011, 09:56 AM   #15
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The ones that wouldn't mind another felony.
What I am saying is...how many have guns and never get caught....? What do they have to do to get caught with them?

Seems like a law that is hard to enforce....
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Old 10-05-2011, 10:03 AM   #16
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That is true about checking the felony square in the form the deal outomatically stops ! as far as you buying a firearm for a felon is considered a straw deal which is punishable up to 10 years so please don't consider that option.
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Old 10-05-2011, 10:08 AM   #17
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What I am saying is...how many have guns and never get caught....? What do they have to do to get caught with them?

Seems like a law that is hard to enforce....
Not for someone like me. Say I decide I'm going to hunt with a .270 instead of my ML. Running late getting to the lease, I get pulled over for speeding, LEO notices a guncase in the back of the truck, Runs my license and finds out I'm a convicted felon, asks to search the gun case. even if I say no he has probable cause to get a warrent. I go back to prison for felon in possesion.

NOT ME! Just not worth it. Why risk what that would do to my family? I'll hunt with a bow or a ML.
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Old 10-05-2011, 10:10 AM   #18
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Originally Posted by Txjourneyman View Post
Not for someone like me. Say I decide I'm going to hunt with a .270 instead of my ML. Running late getting to the lease, I get pulled over for speeding, LEO notices a guncase in the back of the truck, Runs my license and finds out I'm a convicted felon, asks to search the gun case. even if I say no he has probable cause to get a warrent. I go back to prison for felon in possesion.

NOT ME! Just not worth it. Why risk what that would do to my family? I'll hunt with a bow or a ML.
I see. I understand completely.
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Old 10-05-2011, 10:12 AM   #19
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I have to say I really feel sorry for his son as he too will not be able to 'own' a rifle while he is living with his dad.
My wife owns several firearms. she didn't lose her 2nd amendment rights when I lost mine. Also, a felon may be in possesion of a firearm in Texas 5 years after he gets off parole as long as he never leaves his premesis with the firearm. Read the statute posted above. It spells it out clearly.
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Old 10-05-2011, 10:21 AM   #20
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Learn something new everyday. I didn't know a convicted felon could hunt with a bow....
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Old 10-05-2011, 10:23 AM   #21
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I thought convicted felons could not purchase a hunting license ?
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Old 10-05-2011, 10:24 AM   #22
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I thought convicted felons could not purchase a hunting license ?
I was thinking the same.....
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Old 10-05-2011, 10:30 AM   #23
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My felony conviction was almost 30 years ago. I have been hunting from the time I got off parole almost 25 years ago. Oh, WITH a license!
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Old 10-05-2011, 10:30 AM   #24
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What is the process to getting your rights restored?
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Old 10-05-2011, 10:32 AM   #25
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Yes they can purchase a hunting license no law against that
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Old 10-05-2011, 10:34 AM   #26
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What is the process to getting your rights restored?
Pardon from the Gov.
Have your records sealed
have it expunged

after that I still think it has to be approved through the ATF
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Old 10-05-2011, 10:34 AM   #27
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Originally Posted by Txjourneyman View Post
My wife owns several firearms. she didn't lose her 2nd amendment rights when I lost mine. Also, a felon may be in possesion of a firearm in Texas 5 years after he gets off parole as long as he never leaves his premesis with the firearm. Read the statute posted above. It spells it out clearly.
This is only half true. Yes Texas law states a felon can own a fire arm after he or she has served their Tina and been off probation or parole for five years. However federal law trumps state law and federal law states a felon can never own a firearm unless it is as previously stated a curio or replica I have done alot of research on this topic as I am a convinced felon (I was 18 and stupid ) and love to hunt. Unless you can afford the lawyer and go through all the bs of getting a pardon your pretty much screwed. Hope this helps
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Old 10-05-2011, 10:38 AM   #28
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What is the process to getting your rights restored?
I have looked into that some. It is a matter of getting all of your past files closed, or being issued a pardon. Most judges don't want to do it. I don't blame them, they are politicians and rely on votes. If the general public hears about a judge "clearing" a felon and then the felon screws up again...well, it could end a political career.
My wife works for an attorney that would take on my case for free. It would take a lot of hours on his part to even TRY to get my case files closed. Its just not worth putting him through all that. And I also feel like I'm dealing with my just rewards. I earned my felony conviction and I can darn sure live with the consequences!
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Old 10-05-2011, 10:40 AM   #29
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This is only half true. Yes Texas law states a felon can own a fire arm after he or she has served their Tina and been off probation or parole for five years. However federal law trumps state law and federal law states a felon can never own a firearm unless it is as previously stated a curio or replica I have done alot of research on this topic as I am a convinced felon (I was 18 and stupid ) and love to hunt. Unless you can afford the lawyer and go through all the bs of getting a pardon your pretty much screwed. Hope this helps
And thats why I'll stay in Texas and not bring federal attention to myself. For the record I don't own any guns other than a couple of MLs.
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Old 10-05-2011, 10:49 AM   #30
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Well Im glad for you Txjourneyman that you can still hunt ! there is alot I don't know about Texas laws
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Old 10-05-2011, 10:55 AM   #31
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Well Im glad for you Txjourneyman that you can still hunt
X2 Seems has you did your time and owned up to your mistakes, awesome.
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Old 10-05-2011, 11:00 AM   #32
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I'm going to get flamed for this...Our second amendment says we have the right to keep and bear arms. It doesnt say "except you or you" If a felon convicted of a crime with a weapon wants a gun he/she will get it. Telling them they can't have a gun won't prevent them from comitting another crime.
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Old 10-05-2011, 11:01 AM   #33
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Yes all the info here is correct except about the cross bow.

The cross bow is archery equipment and can be used during archery season. Therefore, IT IS NOT A FIREARM!

Felons cannot purchase, own, or be in possesion of a firearm! However, their kids, wife, or other family members may take ownership of all firearms thatthe felon owned prior to conviction as long as the family members are legally able to own a firearm. From then on out the Felon cannot buy but his son, wife, or other family member can... they just Cant give the firearm to the felon or they are a straw purchaser as well.... Very dificult!

Had a REAL close call in my youth that made me get a lawyer and found out first hand what I could lose just by giving a "buddy" a ride! No Bueno for sure!
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Old 10-05-2011, 11:09 AM   #34
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Anyone have a ml meeting the requirements for sale? I have the same story young and dumb but I would love to give the ML a try. I strictly bowhunt now and im not sure that would be different if I wasn't a convicted felon. I used to hunt with a .270 all the time until my first bow kill and now that's all I care to use. And maybe i'm dumb but my kids will learn to use and respect firearms just as I did as a kid. My five year old is a killer with the .22 and will be upgrading to .243 soon. i completely understand paying for my mistakes. I did everything that was ordered, couldve walked but i wasn't going to testify against my best friend. What I don't understand is why a drug charge from many years ago should affect me for the rest of my life and more than anything why it should affect my son. I would understand armed robbery or something but come on....
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Old 10-05-2011, 11:12 AM   #35
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Quote:
Originally Posted by Genevieve View Post
I'm going to get flamed for this...Our second amendment says we have the right to keep and bear arms. It doesnt say "except you or you" If a felon convicted of a crime with a weapon wants a gun he/she will get it. Telling them they can't have a gun won't prevent them from comitting another crime.
well said
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Old 10-05-2011, 11:19 AM   #36
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I have a friend that just got out a couple yrs ago. Long story and AWFULL judge put him away for something that was not his fault. He was involved but not to the extent of what he got.

He was told he could not own or use any wepon that had a trigger.
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Old 10-05-2011, 11:23 AM   #37
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Yes all the info here is correct except about the cross bow.

The cross bow is archery equipment and can be used during archery season. Therefore, IT IS NOT A FIREARM!

Felons cannot purchase, own, or be in possesion of a firearm! However, their kids, wife, or other family members may take ownership of all firearms thatthe felon owned prior to conviction as long as the family members are legally able to own a firearm. From then on out the Felon cannot buy but his son, wife, or other family member can... they just Cant give the firearm to the felon or they are a straw purchaser as well.... Very dificult!

Had a REAL close call in my youth that made me get a lawyer and found out first hand what I could lose just by giving a "buddy" a ride! No Bueno for sure!
There may be definition differences between agencies... TPW doesn't have much say over what feds call a firearm... and vice versa...
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Old 10-05-2011, 11:27 AM   #38
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From what I've been told, it has to be traditional archery equipment and or an antique muzzle loader.

That's it....

It should be somewhere in the free TPWD season/guideline booklet you get at the sports counter.
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Old 10-05-2011, 11:34 AM   #39
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I think slingshots are ok too.
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Old 10-05-2011, 11:55 AM   #40
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Originally Posted by raiderbowhunter View Post
How many felons out there have a boatload of guns anyways? That is my question....
I know a few.

The fact of the matter is they dont care. Dont care if they get someone else in trouble, and what they did to earn the felony (s) taught them nothing...

I know one specifically I avoid to this day as I was unware of the felony situation and could have gotten in big trouble had the cops shown up a week earlier. I was livid.



glad those of you struggling with this owned up to your mistakes, and live with them and have some integrity or atleast the repsect to your family not to put them into a situation.

good on you guys. unfortunately there are those out there that dont learn from there mistakes and continue to be idiots.
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Old 10-05-2011, 11:58 AM   #41
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I think slingshots are ok too.
Only treelimb and innertube are allowed! surgical tubing "WristRocket" type are highly illegal! LOL!
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Old 10-05-2011, 12:01 PM   #42
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Originally Posted by kcmarullo View Post
I thought convicted felons could not purchase a hunting license ?
Fleons have to eat to you cant take that away for someone for something they may have done years ago!

Last edited by mpotts; 10-05-2011 at 12:02 PM.. Reason: spelling
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Old 10-05-2011, 12:02 PM   #43
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i would stay away!!!
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Old 10-05-2011, 12:02 PM   #44
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i hunted with a felon once. he could use a bow and a muzzle loader and that was it.
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Old 10-05-2011, 12:05 PM   #45
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ttt this is a good subject yall
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Old 10-05-2011, 12:16 PM   #46
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Originally Posted by Genevieve View Post
I'm going to get flamed for this...Our second amendment says we have the right to keep and bear arms. It doesnt say "except you or you" If a felon convicted of a crime with a weapon wants a gun he/she will get it. Telling them they can't have a gun won't prevent them from comitting another crime.
Not flaming anyone, nor wanting to start anything, but in most states (48 of 50, I think), convicted felons are stripped of the right to own firearms and to vote. It is part of the price paid for committing a felony.
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Old 10-05-2011, 12:20 PM   #47
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Location: Van Zandt Co.
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Originally Posted by ZZ Pops View Post
Not flaming anyone, nor wanting to start anything, but in most states (48 of 50, I think), convicted felons are stripped of the right to own firearms and to vote. It is part of the price paid for committing a felony.
Yes, but not here in Texas. My voting rights have been restored and I excersize that right at every opportunity. As far as firearms I've said my piece.
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Old 10-05-2011, 12:30 PM   #48
M-2
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Join Date: Jun 2011
Location: North Texas
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Originally Posted by Genevieve View Post
I'm going to get flamed for this...Our second amendment says we have the right to keep and bear arms. It doesnt say "except you or you" If a felon convicted of a crime with a weapon wants a gun he/she will get it. Telling them they can't have a gun won't prevent them from comitting another crime.
Actually, Justice Alito commented on this issue when the Supreme Court ruled on the Heller case in 2008. He said:

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"It is important to keep in mind that Heller, while striking down a law that prohibited the possession of handguns in the home, recognized that the right to keep and bear arms is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose," he wrote.
"We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as prohibitions on the possession of firearms by felons and the mentally ill, laws forbidding the carrying of firearms in sensitive places such as schools and government buildings or laws imposing conditions and qualifications on the commercial sale of arms."
Supreme Court Opinions

I can't see why anyone would "flame" you for your comment, though. And of course anyone who wants a gun can most assuredly get one or several.

But the SCOTUS upheld the right to restrict LEGAL possession of firearms by felons and the mentally ill, and in certain places as Samuel Alito explained above.
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Old 10-05-2011, 12:34 PM   #49
Genevieve
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Originally Posted by ZZ Pops View Post
Not flaming anyone, nor wanting to start anything, but in most states (48 of 50, I think), convicted felons are stripped of the right to own firearms and to vote. It is part of the price paid for committing a felony.
I don't agree with taking away someones right to vote either. If they've been sent to prison and released they've done their time. But I also think they should be eating a simple meal and forced to work while in prison. no cable tv, just a bible, paper and something to write with. Its supposed to be prison not disneyland. Sorry got off track.
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Old 10-05-2011, 12:38 PM   #50
M-2
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Originally Posted by Txjourneyman View Post
Yes, but not here in Texas. My voting rights have been restored and I excersize that right at every opportunity. As far as firearms I've said my piece.
For anyone interested, here's a chart detailing how each state handles whether a felon can vote:
http://felonvoting.procon.org/view.r...resourceID=286
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