New Felon with Firearm Laws

[Jeanne]

After September 1, it looks like if you're a convicted felon and carrying a gun, it is now a second degree felony with a minimum term of imprisonment of 5 years. The way the law is written, though, it looks like if you're in your car or in your home, that enhancement may not apply. Thoughts?

Ref: https://capitol.texas.gov/tlodocs/87R/billtext/pdf/HB01927F.pdf

 

[ZX9RCAM]

Welcome to the Forum!

 

[busykngt]

Welcome to the forum! Feel free to introduce yourself. We have a great GUN forum here! Pew! Pew!

 

[jrbfishn]

IORC, and I admit I have not read all the new wordings, the "felon in possesion" parts have not changed. A felon CAN NOT be in possession in a vehicle. Period.

Sent by an idjit coffeeholic from my SM-G892A using Tapatalk

 

[craigntx]

Federal>state law
If they want to burn you they can

 

[seeker_two]

 

[Jeanne]

I am generally not a fan of mandatory minimum sentences but, in this case, I'll take it. It is appropriate. Too many gang bangers and drug runners with felony convictions running around carrying guns. But it looks like there may be a loophole for the mandatory 5-year minimum: if you are a felon (prohibited person) carrying a gun in your car, it looks like they can only get them on a third degree felony. I'll have to read it again when it gets codified in the Penal Code in September.

 

[Axxe55]

I am generally not a fan of mandatory minimum sentences but, in this case, I'll take it. It is appropriate. Too many gang bangers and drug runners with felony convictions running around carrying guns. But it looks like there may be a loophole for the mandatory 5-year minimum: if you are a felon (prohibited person) carrying a gun in your car, it looks like they can only get them on a third degree felony. I'll have to read it again when it gets codified in the Penal Code in September.

I'm not sure where you are getting your information from, but it would be nice to see some links to those sources.

It is already a federal felony for a convicted felon to be in possession of a firearm of any type, as classified by federal law. Federal law did exempt some blackpowder firearms from being classified as firearms, so a convicted felon under federal law, could legally possess some types of blackpowder firearms. Some states have passed their own laws in regards to that.

Can a person with a felony conviction own a black powder gun?

Can a person with a felony conviction own a black powder gun? Find answers to frequently asked questions about Texas law.

faq.sll.texas.gov

Federal Felon in Possession of a Firearm

Under federal law, Felon in Possession of a Firearm is committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports oxycodone without a prescription or license.

www.richardhornsby.com

https://www.ussc.gov/sites/default/files/pdf/research-and-publications/quick-facts/Quick_Facts_Felon_in_Possession_of_a_Firearm.pdf

 

[Jeanne]

Sure: https://capitol.texas.gov/tlodocs/87R/billtext/pdf/HB01927F.pdf

That is the enrolled version of the legislation. If you'll go there then search for "a-7" (starting on page 18), you'll note that (2)(B) provides an exemption from the mandatory minimum if someone is in a boat or motor vehicle or headed directly to one.

Less than 1% of felons caught with firearms in Harris, Bexar, Travis and Dallas Counties were referred to the feds for prosecution. Over 90% received probation (overwhelmingly deferred adjudication). Out of that 90%, a little under 35% go on to commit other crimes within 3 years including illegally possessing firearms again. It would be interesting to model the impact of removing felons-in-possession from society for 5 years and see what crimes would have been prevented.

 

[Axxe55]

Sure: https://capitol.texas.gov/tlodocs/87R/billtext/pdf/HB01927F.pdf

That is the enrolled version of the legislation. If you'll go there then search for "a-7" (starting on page 18), you'll note that (2)(B) provides an exemption from the mandatory minimum if someone is in a boat or motor vehicle or headed directly to one.

Less than 1% of felons caught with firearms in Harris, Bexar, Travis and Dallas Counties were referred to the feds for prosecution. Over 90% received probation (overwhelmingly deferred adjudication). Out of that 90%, a little under 35% go on to commit other crimes within 3 years including illegally possessing firearms again. It would be interesting to model the impact of removing felons-in-possession from society for 5 years and see what crimes would have been prevented.

That language is directed, unless I'm mistaken at a person carrying a firearm to and from a boat or watercraft, and not specifically a felon.

Felons are already prohibited from being in possession of a firearm, under federal laws, and state laws. With the passage of the new Constitutional Carry law, I don't see that changing anything in regards to felons being in possession of a firearm.

 

[Renegade]

Sure: https://capitol.texas.gov/tlodocs/87R/billtext/pdf/HB01927F.pdf

That is the enrolled version of the legislation. If you'll go there then search for "a-7" (starting on page 18), you'll note that (2)(B) provides an exemption from the mandatory minimum if someone is in a boat or motor vehicle or headed directly to one.

That is part of the Motorist Protection Act, has been around for awhile. It gives no relief to a felon.

Felon in possession is still a felony.

 

[Jeanne]

Right. So, you have to read all of the conditions as "must being true" ("and"). It looks like it is still a 3rd degree felony for a prohibited person to have a gun in his/her car, but in order to have the 2nd degree enhancement, you must be out of the car and have the gun on your person. Again, I usually wait until it gets codified in the Penal Code before really reading it. Sometimes the language magically changes!

 

[bbbass]

Truth is: I am not a felon and don't plan to be one.

I'd say I don't care, but I think OP is right about getting illegal firearms users locked up preventing more criminal activity with guns. This was the NRA/ILA mission for many years AFAIK.

 

[Axxe55]

Right. So, you have to read all of the conditions as "must being true" ("and"). It looks like it is still a 3rd degree felony for a prohibited person to have a gun in his/her car, but in order to have the 2nd degree enhancement, you must be out of the car and have the gun on your person. Again, I usually wait until it gets codified in the Penal Code before really reading it. Sometimes the language magically changes!

Honestly, I don't see, or think that with the passage of the new Constitutional Carry Law, there is suddenly going to be some exemptions or relief, or latitude with a felon being in possession of a firearm in any way.

 

[Sam7sf]

In democrat America most of us will be instant felons.

Want to get rid of gang bangers carrying guns? Bring back public hangings. Lower the bar for the death penalty requirement. Once you’re convicted it’s instantly done. Get hauled off right away and hang at noon.

Some will use colorful words to describe me but we need to bring back and set the standard for what American communities act like and if you deviate from that you hang at noon.

 

[Axxe55]

In democrat America most of us will be instant felons.

Want to get rid of gang bangers carrying guns? Bring back public hangings. Lower the bar for the death penalty requirement. Once you’re convicted it’s instantly done. Get hauled off right away and hang at noon.

Some will use colorful words to describe me but we need to bring back and set the standard for what American communities act like and if you deviate from that you hang at noon.

As much as I am in agreement, we know that this will never happen.

I have always thought of prison's being more like warehousing of people. I have always thought that giving a person a life sentence without the possibility of parole, as being cruel and unusual punishment. But I understand some states don't have the death penalty, so that sentence is the greatest punishment they can give to a person convicted of heinous crimes.

 

[Sam7sf]

As much as I am in agreement, we know that this will never happen.

I have always thought of prison's being more like warehousing of people. I have always thought that giving a person a life sentence without the possibility of parole, as being cruel and unusual punishment. But I understand some states don't have the death penalty, so that sentence is the greatest punishment they can give to a person convicted of heinous crimes.

Correct. It will never happen. Too many politicians doing lip service won’t have a backbone. Too many bleeding hearts will say: “he’s a good boy! Let him do drugs and mug people. He will come around. He deserves to live as much as anyone”. No...I repeat: No.

A prison is a warehouse of people. I think if they have short sentences but keep going back hang em. If they have long a long sentence but go back hang em. Repeats should hang at noon.

My heart is cold to crime anymore.

 

[Sam7sf]

If liberals owned the old west

 

[Axxe55]

Correct. It will never happen. Too many politicians doing lip service won’t have a backbone. Too many bleeding hearts will say: “he’s a good boy! Let him do drugs and mug people. He will come around. He deserves to live as much as anyone”. No...I repeat: No.

A prison is a warehouse of people. I think if they have short sentences but keep going back hang em. If they have long a long sentence but go back hang em. Repeats should hang at noon.

My heart is cold to crime anymore.

I think there are crimes that don't necessarily carry the death penalty should. Certain crimes against children and minors could be added as well. I believe that child molesters and pedophiles can not be rehabilitated, and should be added as well.

The biggest problem I see is this. We already have laws and provisions in place to deal with criminals, and those convicted of criminal acts. They are just no utilized, or are used as bargaining chip in plea arrangements. A person accused of crime enters a plea bargain with the court, counts as conviction even though that person never went forth with a trail and jury. The prosecutor gets to call it a conviction and a win for his side with the plea bargain.

IMO, the trial is suppose to be about justice for the victim, or the victim's family.

The problem only gets worse IMO once the convicted person gets to prison. Another farce in the whole system as well, and another travesty of justice.

The judicial and penal systems in our country currently are a joke, and have nothing to do with justice.

 

[Sam7sf]

I think there are crimes that don't necessarily carry the death penalty should. Certain crimes against children and minors could be added as well. I believe that child molesters and pedophiles can not be rehabilitated, and should be added as well.

The biggest problem I see is this. We already have laws and provisions in place to deal with criminals, and those convicted of criminal acts. They are just no utilized, or are used as bargaining chip in plea arrangements. A person accused of crime enters a plea bargain with the court, counts as conviction even though that person never went forth with a trail and jury. The prosecutor gets to call it a conviction and a win for his side with the plea bargain.

IMO, the trial is suppose to be about justice for the victim, or the victim's family.

The problem only gets worse IMO once the convicted person gets to prison. Another farce in the whole system as well, and another travesty of justice.

The judicial and penal systems in our country currently are a joke, and have nothing to do with justice.

It is important a conviction is 100 percent accurate. I’m ok letting someone walk vs a da getting a conviction for PR. Bringing back public hangings would do a few things:

•Prevent crime. Most people wouldn’t want to go out this way in front of the community and family.

•Save taxpayers. If convicted you take em to hang that day or next day, no longer. We wouldn’t have a warehouse of people and those in prison for lesser crimes can be rehabilitated. It’s like schools. Part of the reason education is considered better with previous generations is the classroom was smaller. No ones going to be rehabilitated, even if taxpayers ask for it, when it’s overcrowded and our laws allow it to be a revolving door.