Can a Felon live in same house as a Firearm ?

[ScottDLS]

there are cases where the spouse of a felon has gunsiircthey have to be securedat all times!

if they are on parole or probation a parole or probation offficer doesn't need a warrant

Beat me to it.

 

[bbbass]

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 on Parole, I think it's open house.

 

[toddnjoyce]

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?

Are you thinking about parole? At the state level, that’s addressed in TPC 46.04. But either way, the definition in 18 USC 921 specifically allows for state mechanisms to moot the prohibition for a state conviction. Federal conviction requires a presidential pardon to restore forearm rights though due to supremacy.

Personally, I see the 922 (g) prohibition primarily as a tool to tack on a charge at the federal level. When Mueller was AAG, he published the guidance below, which is what I call a “see what sticks” doctrine on felons and firearms.

1431. Department Memorandum -- Prosecutions Under 922(g)

www.justice.gov

 

[Tex62]

What the heck? Did he know it had a lean on it? How’s this a felony?


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[popsgarland]

From an earlier post........


TPC 46.04 UNLAWFUL POSSESSION OF A 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, 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.

Keep in mind that this is State not Federal.

This does not include all felonies, but some of them.

The way I read it, is that a felon can have a firearm ONLY where he lives. He CANNOT own it but can have one, (borrowed, loaned). But the felon HAS to complete Subdivision (1) first.

 

[benenglish]

I'm not sufficiently versed in Texas law (or, specifically, how to look this up) but I once read that a felon can be convicted of being illegally in possession of a firearm even if it's a black powder firearm that's not a firearm under federal law.

I remember thinking at the time "That sucks. If I'm convicted of a felony, I'll never be able to carry a concealed black powder derringer or go target shooting with a black powder single shot."

I found that prospect disheartening.

I hope I'm wrong about all that.

 

[toddnjoyce]

I'm not sufficiently versed in Texas law (or, specifically, how to look this up) but I once read that a felon can be convicted of being illegally in possession of a firearm even if it's a black powder firearm that's not a firearm under federal law.

I remember thinking at the time "That sucks. If I'm convicted of a felony, I'll never be able to carry a concealed black powder derringer or go target shooting with a black powder single shot."

I found that prospect disheartening.

I hope I'm wrong about all that.

You are wrong about that. There are processes at the state level to restore firearm rights. Some of those rights are automatic at the 5-year mark.

If it’s a federal felony, you’ll need a Presidential pardon, but that removes the prohibition.

 

[benenglish]

You are wrong about that.

Good to know. Thanks.

 

[Vaquero]

It aught not be so damned complicated.

 

[Renegade]

Can a Felon live in same house as a Firearm ?​

Yes. They can even go to a gun show. Just do not possess any firearms.

 

[Steve In Texas]

Possession is complicated. Willingly In the hands, clearly possessed. Claims of having no key to the lock box that one's partner uses adds complexity. This is an area where there are probably as many opinions as there are practitioners. And for fun we can ask at what point the legal system will act. "In the presence of" and possession should be different.

 

[Axxe55]

iirc the felon isn't alllowed to have acccesss to the firearms!

 

[kbaxter60]

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!)

I Am going with IADALIMM.
Definitely a lawyer in my mind.
But, yes, suck it, Bragg.

 

[cycleguy2300]

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?

Not that I have ever heard.

I believe once the sentence has been served, and the person is deemed safe enough to return to society that they should be safe enough to have ALL rights restored. Now, I think a goodly number of crimes should get you a one way trip to Huntsville, but no one asked me...

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[Fishkiller]

Are you thinking about parole? At the state level, that’s addressed in TPC 46.04. But either way, the definition in 18 USC 921 specifically allows for state mechanisms to moot the prohibition for a state conviction. Federal conviction requires a presidential pardon to restore forearm rights

Personally I keep my forearms close by pardon or not

 

[leVieux]

We haven’t even touched on Lautenberg amendment or alien status, either. Not to mention edge cases of conviction in another state and then relocates to Texas six years after completing the sentence.

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IIRC, a decade or more back there was a FFL is S E Texas, who was convicted of a felony in Mexico for something which was perfectly legal in Texas, not even a crime at all.

But he lost his FFL. When he petitioned to have his rights reinstated, he lost and was not able to even own any gun.

I never heard any more, so don’t know the end result, if different.

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[Renegade]

<>

IIRC, a decade or more back there was a FFL is S E Texas, who was convicted of a felony in Mexico for something which was perfectly legal in Texas, not even a crime at all.

But he lost his FFL. When he petitioned to have his rights reinstated, he lost and was not able to even own any gun.

I never heard any more, so don’t know the end result, if different.

<>

Thomas Bean. He won. Either way it became moot 3 years later in Small vs US

 

[Sam7sf]

From an earlier post........


TPC 46.04 UNLAWFUL POSSESSION OF A 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, 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.

Keep in mind that this is State not Federal.

This does not include all felonies, but some of them.

The way I read it, is that a felon can have a firearm ONLY where he lives. He CANNOT own it but can have one, (borrowed, loaned). But the felon HAS to complete Subdivision (1) first.

I always viewed this one as Texas respecting people’s right to defend themselves. Just my take on it…

It’s an interesting law and I wouldn’t suggest anyone put it to test and push the limits.

@ScottDLS you asked how they would know?

It’s why politicians want a cashless society. Why certain banks allow cc information collected to be given to others without a subpoena. Or all it takes is for a cop to call and the bank bends over backwards.

Social media and the web is another way.

 

[leVieux]

Thomas Bean. He won. Either way it became moot 3 years later in Small vs US

Thank you !

 

[cycleguy2300]

Personally I keep my forearms close by pardon or not

Forearm lefts are just as important as forearm rights

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