Hurley's Gold

Can a Felon live in same house as a Firearm ?

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  • John Sam Rayburn

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    I did not even know there was such a thing as "Constructive Possession".

    This former Prosecutor explains how the legal trickery they use against druggies is also employed against gun owners.

    I needed to know this because my best friend is a Felon because he bought a rotten old jonboat for $25 in 1982 while in high school that had a lean on it.

    Target Sports
     

    Chewbacca7685

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    Man if that happened in 1982 he should look into getting his rights back.

    I, for one, believe that once a felon has served their time and completed all court requirements, prison, probation etc. all rights should be restored with exception to sex offenders.


    Sent from my iPhone using Tapatalk
     

    Ausländer

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    Not a lawyer, but when I lived in VA I purchased several old Marlin's off a gentleman who had to sell them. His son was being released from prison and was moving in with him. He said the State Parole Board told him that he could not have any firearms in his house because the son is a felon.

    True? I have no idea, but I was happy to add those rifles to my collection.
     

    benenglish

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    I believe that is accurate; that felons cannot own or even be around firearms.
    There was a case out of Cali many years ago when a female felon was posing for some spicy pictures and was handed an AR as a prop. She had it in her hands for 5 minutes and later testified she didn't even know if it was real or not.

    As soon as the pictures were published, she went straight back to prison.

    So she didn't own a gun and there wasn't one in her house. She just touched one. That was enough.

    If I were a felon, I wouldn't go to a gun show even if just to buy jerky. :)
     

    toddnjoyce

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    Shouldn’t believe everything you see on utube.

    TPC 46.04

    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.


    That takes care of the state, let’s look at the federal level. 18 USC 922 (g)
    (g) It shall be unlawful for any person—
    (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

    Go to 18 USC 921 for the definition of crime punishable by imprisonment for a term exceeding one year.

    (20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
    (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
    (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
    What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.


    ETA: this is a real complex topic.
     

    majormadmax

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    But...

    Under a federal statute, it is illegal for any person found guilty of an offense punishable by more than 1 year in prison to possess a firearm or ammunition...

    18 U.S.C. § 922(G)​

    Felon in possession of a firearm is a serious criminal offense in the United States. Under 18 U.S.C. § 922(g), it is unlawful for a person convicted of a felony to ship, transport, receive, or possess a firearm or ammunition. The means of the transaction must have somehow affected interstate or foreign commerce for an act to violate the law.

    Subsection 922(g) does not specifically state that a felony conviction leads to a ban on gun possession. Instead, it says that anyone convicted of “a crime punishable by imprisonment for a term exceeding one year” is subject to the prohibition. Generally, felonies carry prison terms of 1 year or more. Under federal law, a Class E felonies and above can be penalized by more than 1 year. In contrast, Class A misdemeanors (the highest classification of federal misdemeanors) are punishable by 1 year or less.

    The felony convictions referred to in 922(g) are not only those rendered in federal court. The statute says a conviction “in any court” qualifies. That means guilty findings in state court could cause someone to be ineligible for firearm possession under federal law.

    More here...

    As Todd stated, it's complex!
     

    V-Tach

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    After Hurricane Harvey we had a group of 13 construction workers come in and wanted to rent guns and use the range...............I told them the waiver states no felony convictions to use the range/rent guns.......6 of them left..........
     

    ScottDLS

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    So the rights of the non-felon are forfeit by living in the same house with a felon? OK, sure. How about the same apartment complex? What if the felon doesn't even know the gun is there? This is all local gun shop NRA fudd lore. If I want to have a felon live with me, say cuz she's my wife or my kid...then I'll do whatever I damn well please. They aren't felons (yet) nor am I, but I'm saying...Of course I'm not going to hand them the gun to take out shopping by themselves. But the main point is who the hell is going to find out and do something about it?
     

    toddnjoyce

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    You could chain them up in a closet away from the guns.

    Normally I chain the felon to a tree so I don’t get the cops called on me for the dog being chained up. I’m not cruel about it, either; there’s usually enough chain for the felon reach the water bowl and doghouse. Gotta be careful though because sometimes they’ll just walk laps around the tree and next thing you know they’re all caught up and can’t move or get unstuck and you gotta fix that or they’ll shit all over themselves.
     

    ScottDLS

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    Oh guys, I forgot to warn everyone. According to local and federal gun shop lore.... Any time you post an answer to a question on TGT you have to put the abbreviation IANAL at the beginning or end of your post. That means "I am not a lawyer". The reason is because there is a secret law that says you can be charged with a felony for practicing law without a license when you post on TGT. The government is monitoring your every keystroke and the New York Bar Association SWAT team will kick your door down and drag you to Manhattan NYC criminal court. You don't want Twinkie Alvin Bragg to sit on you. Oh, and if you ARE a lawyer, you have to post your Texas Bar card number and a copy of the retainer signed by the person whose question you are answering engaging you as his attorney. This is required by the canons of ethics that you agreed to when you became a member of the Bar.

    IANAL (so suck it Bragg!)
     

    benenglish

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    the main point is who the hell is going to find out and do something about it?
    I dunno. If a felon is no longer in incarcerated, is there any provision in any law that allows some form of LEO to enter and search their residence without warning or warrant?
     

    Axxe55

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    there are cases where the spouse of a felon has gunsiircthey have to be securedat all times!
    I dunno. If a felon is no longer in incarcerated, is there any provision in any law that allows some form of LEO to enter and search their residence without warning or warrant?
    if they are on parole or probation a parole or probation offficer doesn't need a warrant
     

    ScottDLS

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    I dunno. If a felon is no longer in incarcerated, is there any provision in any law that allows some form of LEO to enter and search their residence without warning or warrant?
    I would guess only if they are still on probation or parole. The issue is going to be on the felon. I suppose the terms of their parole/probation could be they can't live near guns. But once the sentence is served it's going to be up to the police to get a warrant. At least I know of no provision of Texas law saying otherwise.
     
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