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  #1  
Old 08-30-2005, 11:27 PM
2ndChance 2ndChance is offline
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Exclamation Can a felon own a gun in Texas? How about black powder? Federal Law State Law

I heard it has to be 7years later after your conviction. If your crime wasn't violent or agg or anything like that is this true? Does anyone have any info to back this up?
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  #2  
Old 08-30-2005, 11:30 PM
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NO!!! IF YOU HAVE A FELONY IN ANY STATE YOU CAN NOT OWN A GUN IT IS A FEDERAL CRIME IF YOU DO YOU CAN GET 25-LIFE FOR IT
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Old 08-30-2005, 11:42 PM
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no

http://www.foxnews.com/story/0,2933,43639,00.html

but there are exceptions:

http://www.law.com/jsp/printerfriend...=1032128620083

Last edited by Jillian; 08-30-2005 at 11:59 PM..
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Old 08-31-2005, 07:36 AM
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A convicted felon cannot own or possess a firearm in any state. My husband did 36 months federal time on a "felon-in-possession" charge back in the 90's. A lot of times if a convicted felon has committed another felony and they (the DA) don't think the state charges will stick, the feds will take it over and get the conviction on the felon-in-possession of a firearm charge. And, nine times out of ten, the time that is served on the federal charge will not count towards any time remaining on the defendant's original charges. Unless, of course, you've got a really good attorney or a federal judge that specifically sets out in the judgement and order that the time is to be served concurrent -- which doesn't happen to often.
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Old 08-31-2005, 11:52 AM
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Not only can a person with a felony conviction not own a gun, neither can a person who has an assault-family-violence conviction, which is a first degree misdemeanor the first time.....it becomes a felony the second conviction. That was one of the things I was told first when I plead no-contest to an assault-family-violence charge.
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Old 08-31-2005, 11:58 AM
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Can a Felon
Possess a Firearm in Texas?
by Donald Ray Burger
Attorney at Law


This is a situation where you would go wrong if you only looked at Texas law. Texas law lets a convicted felon possess a firearm on the premises where he lives once five years have elapsed from his release from prison or from parole, whichever is later. Texas Penal Code §46.04.
However, federal law is much stricter. It generally prohibits a person convicted of a crime "punishable by imprisonment for a term exceeding one year" from possessing a firearm. The test is the length of possible punishment, not whether the crime is called a misdemeanor or a felony. No exception is made for having a firearm at the home, no matter how long ago the conviction. 18 U.S.C. § 922(g). Also, Federal law makes it unlawful for anyone under indictment for a crime punishable by imprisonment for a term exceeding one year to receive (possess) any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. 18 U.S.C. § 922(n).
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  #7  
Old 09-04-2005, 02:49 PM
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the answer to your ? is NO.....
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Old 02-17-2008, 03:00 PM
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a felon in texas can own a gun!!! it has to be a cap and powder with a side lock mech..do your research a little better people.
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  #9  
Old 02-17-2008, 06:24 PM
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Yes, I was just going to post a reply to this question. I have the same understanding that dlb has, it has to be a cap and powder. That is legal.
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  #10  
Old 02-18-2008, 07:11 AM
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Texas law allows a felon to own a firearm starting five years after their sentence expires if kept in their home. However, the way that federal courts have interpreted a federal law intended to restrict international gun smuggling has held that this federal law can be used to prosecute anyone, anywhere if a state in which they were convicted of a felony had any sanction against a felon being in posession of a firearm in place, regardless of whether that the state attempts to restore that right. So, Texas tried to give back the right for a felon to at least protect their home but a very broad interpretation of federal law allows for prosecution as a federal offense.

Perry and dlb, I am interested in the reference that either of you have to what must be case law that establishes that a black powder firearm is not, in fact, a "fire arm", which is the word, without qualification, that is used in Texas Penal Code § 46.04 that defines illegal posession of a - well - firearm in Texas.
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  #11  
Old 02-18-2008, 11:03 AM
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True, Robinsman. Muzzleloader and black powder pistols are not considered firearms while referring to the laws that relate to felons. They are strictly a hobby gun, and used for hunting, with seasonal restrictions.

I had understood that the answer to the question above was a flat "NO". Any felony, any time, no firearms! Why else would there be a registration process to do background checks and determine is an applicant had a previous record?

We won't have them at all when hubby comes home. We don't want to have anything to do with something that could be the possible vehicle to carry him back behind walls.
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  #12  
Old 02-18-2008, 11:55 AM
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I have no reason to disbelieve it. I would just like to know where to find where that ruling exists. That distinction is plainly not in the statute and therefore, if true, must have come about as a result of case law where someone made a court define what constitutes a firearm. While I am no advocate of (mindless) gun control I think that it is ludicrous to draw such a distinction when a muzzleloader can take an elk at over 100 yards which is about what my .45-70 Guide Gun is good for.

I am really surprised that the current interpretation of the federal law has remained in affect. Once you locate the code you have to look twice to see how it could even apply.

I also bristle at my own personal second amendment right being stripped from me without due process of law. I personally will never again be able to posess a firearm without causing my wife to be in violation of, first, a Texas statute and then by very liberal interpretation of a federal law that originally had no such intention. And for what?

Gotta stop now before I get carried away. ......

Last edited by RobinsMan; 02-18-2008 at 11:59 AM..
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  #13  
Old 02-18-2008, 12:24 PM
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I'm not so sure about any of this, even the blackpowder, as I was told by a probation officer once, that the state law considered ANYTHING that shoots a "projectile" as a firearm, she told me I couldn't even bow hunt. (which sucks) I hope the laws get changed, all guns are now on "lock-down" at a family members home. In another 3 years, maybe I'll be able to put one to use for hunting and protecting my home and property.

Just my two cents, LOL

Peace, Dan
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  #14  
Old 02-18-2008, 03:30 PM
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I lied about there being nothing in the Texas statue drawing a distinction between firearm and what would have to be a muzzleloading blackpowder gun. Definitions under Texas Penal Code 46.01 reads ...

(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.

To be honest, even when reading these words it is not all that clear to me, but this definition is referred to by all those I have found that contend that it's meaning is that a blackpowder muzzleloader is not considered a firearm under Texas staute.

I'm still digging around - but tomorrow.

Added: My reference in #10 above to international smuggling should have been interstate transport.

Last edited by RobinsMan; 02-18-2008 at 04:09 PM..
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  #15  
Old 02-18-2008, 09:01 PM
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Check out the subject on Grits for Breakfast - He always has up to the minute legal happenings - talked about it today or yestrday. Peace
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  #16  
Old 02-21-2008, 09:17 AM
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I have been told NO fire arms of ANY kind in the household. I'm assuming that means a blackpowder muzzleloader is included. I am not educated in this, but I believe that it would be up to the individuals Parole Officer whether or not you can have a muzzleloader, if indeed it is legal. I do know the PO holds your very life and life style in his/her hands, and I will not take chances.
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  #17  
Old 02-21-2008, 12:58 PM
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No, the original question was generally about someone with a felony conviction, I think, but not on parole. I think I posted above that the question about muzzleloader or not, etc does not apply when someone is on parole and then, just as you say, it is the PO and parole board that make the rules. I think that if it goes bang when you pull the trigger then the PO will consider it a firearm.
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Old 02-22-2008, 08:02 AM
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Yep.
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Old 02-20-2009, 04:16 PM
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Default Wow, you guys have it all wrong... mostly

I have done some extensive research and as it turns out, the federal ban on felons owning firearms lifts if your rights are restored in the state of the conviction.

View the doc attachment for supporting excerpts from US and Texas Code.
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File Type: doc Texas Penal Code.doc (30.5 KB, 277 views)
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Old 02-20-2009, 05:11 PM
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Unfortunately this is one of those cases where interpretation by the courts is not consistent with the way a normal human being reads letter of the law. As I stated above, the federal courts do not recognize a subsequent attempt to (partially, in the case of Texas) restore the right to posess a firearm. Current interpretation is that if a state imposes any penalty at all after a prison sentence is complete then it is a done deal and the civil right to own a firearm is not considered to have been restored - ever - regardless of state law that later (after five years) tries to do so such as Texas does. It is case law, not the letter of it.
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Old 02-25-2009, 05:57 PM
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If you are a Texas convicted felon and want to possess a firearm you need two forms available on the TDCJ website. Just do a search for restoration of rights. The forms you need are: "Application for Full Pardon," and "Application for Restoration of Firearm Rights." I was told getting these approved and restored usually requires "knowing" the Governor, or being a staunch supporter of the Governor. Maybe on his way out of office Rick will grant your pardon.
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Old 02-26-2009, 06:02 AM
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Maybe in that case someone might also be clear of the federal law. Unfortunately, the only way to find out is to be charged with illegal posession under federal law and then prevail in your federal criminal trial. If I had a felony record I would certainly be wishing that someone would go to trial and manage to get federal case law reversed by prevailing in court but until that happens I think that anyone with a Texas felony conviction will be subject to arrest and conviction for illegal posession of a firearm under federal - if not Texas - law.
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Old 03-25-2009, 11:47 PM
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Considering I did my time in federal prison for 'felon in possession of a firearm', and I have been an avid hunter in years long past, I have researched the heck out of this topic. A few people have been right in this thread and many more incorrect.

As already stated, Texas & Federal Law DO NOT consider black powdered (cap & ball) weapons designed prior to 1898 (give or take, I forget the exact date) to be "firearms". That means if you live in the State of Texas, and are off probation or any other type of state imposed restrictions, you are lawfully able to own these weapons.

Personally, I think it is stupid, but I am grateful that we have at least some options. I am currently looking deep into the "castle laws" with regards to a Texas felon having a curio firearm in their vehicle. I plan to write a detailed report on this citing both Texas Federal & State Laws, which can be printed out and presented if needed.

For those that have been out of prison and/or off paper in Texas for over 5 years, please don't make the mistake of thinking federal law does not apply. It definitely trumps state laws.. You have to make sure you are covered on both sides of this jurisdictional coin.
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  #24  
Old 03-26-2009, 08:02 AM
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I am disappointed that the creative interpretation of a federal statute has not been challenged and overcome. Felons that intend to break the law using a firearm will do so whether or not the posession of the firearm itself is illegal. In the meantime, what has evolved in the United States over the past decades is an exploding population of citizens that have been convicted of non violent felonies for which such a restriction makes no sense at all. My wife has a felony record and the notion that, because she went to prison for DWI, she might suddenly decide to rob a bank using a gun is either utterly ridiculous or no more ridiculous than the notion that I will suddenly decide to do the same thing. In either case I think that the consitutional right to protect herself or her children (aka "keep and bear arms) has been removed inconsitent with any evidence to support such an action. What is also overlooked is if you remove this right from one person it seriosly complicates the free exercise of this right by that persons spouse. I own firearms and if I keep them in the same home or carry them in the same vehicle we both inhabit then she is subject to arrest and conviction under either state or federal law with the burden of proof on her to draw a distinction as to whether it was she in posession of them or I. We all know which side of the fence the prosecutor(s) will fall on. It seems I have heard the term "legal access" used in connection with whether or not a person can be considered to be in posession of a firearm. Meaning, if they have legal access to where the firearm is stored then they can be considered to be in posession of it. I am not sure about that and cannot produce a Google result at the moment but it sticks in my head nontheless. Without due process of law my second ammendment right to keep and bear arms has been infringed upon becasue I can no longer do so without incriminating my wife and, as an American citizen, I am righteously pissed of about it. Now, I would love for an attorney to stop by and provide me some reassurance that this could not happen but I would still counter that any legalese that might ultimately be applied successfully comes into play only after arrest, attorney's fees (and the attorney's that come along with them), courts, anxienty and - most likely - revocation of parole if she is still on paper. Of course, this concern is a flea on the back of the camel that is the cabal ruling in Washington. There is nothing to now stop them from enacting anything at all they want and destruction of the constitution is priority number 1. The Second Amendement isn't the first one to take a hit but the plans are already on the books.
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  #25  
Old 03-26-2009, 09:32 AM
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So, I am wondering why an organization like the NRA doesn't take issue with this? Or is it political suicide to advocate gun rights for felons (or their spouses)
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