ex convict inherit firearm.

[Cyborg]

Question About Texas Law

Does anyone know about Texas law on this subject?

With the caviat that I am not an attorney and am not giving any advice but merely answering Grassman's question, here is what I can find in the Texas Penal code:

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS
CHAPTER 46. WEAPONS
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.

Again, this is only - I say again ONLY - what I could find in the Texas Penal Code regarding convicted felons possessing firearms. I don't know about BATF (them boys scare the wee outta me) or anything else. Grassman's question was about Texas law.

Me, I have never been arrested much less charged or convicted of anything worse than a traffic offense. I have only had 5 tickets in my life and the last was in '87 so I should be OK.

Cyborg
Land o' the free an home of the brave. What a concept.

 

[mljdeckard]

He's going to have to go through expungement, probably through the court where the conviction was recorded.

 

[SHvar]

I seem to remember that after a period of 10 years following all sentences, probations, parole, etc. A former felon may file with the courts to request having their 2nd ammendment rights reinstated. This involves a panel of judges including if at all possible the sentencing judge, it most probably will be turned down even at any attempt, Ive never met anyone who has had the right returned after a felony conviction.
All felonies are felonies, there is no exemption for those convicted of any felony.
His best bet is to have the AK removed as of yesterday, and yes a common charge and conviction among former felons is "possession of a firearm by an individual not permitted" , this usually results in a sentence of anywhere from 5-15 years in state prison.

 

[mljdeckard]

My brother-in-law had a felony expunged, It was in a county court, and it was more than ten years after the fact. It was also non-violent, burglary. He made it sound like it was a given it would be expunged, it was just a lot of paperwork and hassle. His confusion came when trying to figure out if it was 'gone gone' from the entire nationwide system. (Just because you get the court to expunge it doesn't mean it automatically disappears from all records in every system.) He wanted me to help him get a gun, I told him if it was expunged, he shouldn't need my help. I told him to go to the DOJ website and look himself up. He never mentioned it again, I don't think it was all that important to him.

 

[bkjeffrey]

His was a violent crime i guess. He got pulled over for DUI and beat up a couple cops. I let him read these posts, and pretty much decided that its not worth the hassle of dealing with. The best part of it all is he is going to give me the firearm!!!!!!!

Yea for me!

Thanks for all the input guys.

 

[Duke of Doubt]

Around here, felons may not possess even blackpowder arms. They become archers, and tell all who will listen that they hunt with bows by choice, as it's more sporting, takes more strength, more skill, etc.

It's a crock, though they are seldom called on it. I mean, would YOU like to tick off a convicted felon, domestic assaulter, or someone on bail/ probation/parole?

Still, we have a lot of local bowhunters.

 

[RoostRider]

I see you got your answers... the best of which seem to contain some form of "tell him to consult a trusted, knowledgeable attorney about these things"...

My smart alack response would have been to ask him how much it bothered him to be in prison the first time, and go by that...

Not to be Johnny-bad-news here.... but aren't there possibly some legal repercussions to receiving a firearm from a known prevented felon?

Hate to say it, but I might "consult a trusted, knowledgeable attorney about these things" before I received that from him... It might be as simple as having him return it to who gave it to him and having them give it to you.... vs.... say.... 15 years in prison or something crazy like that...

 

[bkjeffrey]

I mean, would YOU like to tick off a convicted felon

The term "convicted felon" could be considered a stereotype in the manner you use it.

Yes hes a convicted felon. Would I like to tick off a convicted felon? Does it matter ? How many people get upset about something and do things most people wouldn't like? Hes convicted alright, and you cant piss him off. He will just call you an idiot and walk away.

Me on the other hand, I'm not a convicted felon, and I hope someone doesn't piss me off......

Convicted or not....doesn't matter, unconviceted people do things that most convicted people wont..........

if any of this makes any sense.......................

And yes, here in MS I can find a gun on the street and call it mine with no repercussions.

 

[RoostRider]

And yes, here in MS I can find a gun on the street and call it mine with no repercussions.

Really? Not trying to start anything here, but that seems odd. Most places have rules about "finders keepers" with regards to others property.

Also, does anyone know the answer to whether you can receive a firearm from a known convicted felon? How about receiving firearms from someone with a Protection Order against them?

I ask this now because I honestly want to know (I think you're doing the right thing about all this... not trying to start anything).... should I just start a new thread about this... or is this still on track?

 

[Duke of Doubt]

You certainly can receive a firearm from a known convicted felon -- by prying it out of his cold, dead hands after he breaks into your den. Teach him to count as empty a darkened home with no car in the drive.

 

[Deltaboy1984]

Contact a lawyer and give the gun to a friend to hold till you get answer!

 

[RoostRider]

Duke- Good point... lol.... but I was referring to the legalities of receiving such things legally and willingly (on all parts)

I know that a friend of mine once asked if I could hold his firearms until a P.O. against him expired (the P.O. said he couldn't have possession of firearms until expired)... being that it was already enacted when he was notified (standard procedure), he was immediately in violation and wanted to remedy that.... but I would have had to receive them...

He found someone else being that I wasn't around to help him at the time.... but I still wonder how that would all work....

 

[kurtmax]

It would have been fine. Even if the law doesn't explicitly state that you have X amount of time to get rid of the firearms, normally you have to:

1. Be aware that you have a RO/PO against you
2. Have a reasonable amount of time to remove the firearms.

It's not like they serve you the PO and then immediately arrest you for possession of firearms...

 

[taprackbang]

and the opinions I've heard from our local ATF agents, etc...

(No offense to you Kevin)

Great! Just what we need.. Opinions from another gov't agency run amuck..
What we need is common sense..

 

[GRIZ22]

A family lawyer once mentioned to me at a party that it is the nature of the transgression which forbids the ownership of weapons. Not all felonies are created equal or some such.

He gave an example of a dude convicted of some white collar felony (tax evasion or something) as someone who could still own firearms.


Your family lawyer may be referring to a state law. Federal law defines a felony as any crime you can get sent to prison for more than one year. Federal law makes no distinction as to what the crime actually was just that a felony is a felony.

The person in question has to get rid of the gun and needs to see about pardons, expungement, etc if he wants firearms rights restored.

He needs to get rid of the gun and get a lawyer if he's wants to be able to have a gun.

 

[Cuzzin]

It has been stated here in this thread - some States do have language that allows 'as a defense' the possession of a firearm - especially in self-defense situations. However, the Federal view is that any felon in possession will be prosecuted, and, I believe this 1997 decision by the Mississippi Supreme Court makes it simply illegal for a felon to have a firearm.

 

[Frank Ettin]

...What we need is common sense..

I'm afraid that common sense is inadequate when you're talking about the possibility of getting charged with a felony. What's needed is the advice of qualified, competent legal counsel who will be available to stand behind his advice if necessary.

 

[bkjeffrey]

Thank you for all of the info you gentlemen have posted. I believe I have received all of the answers I seeked, and I will withdraw my self from this discussion from here on out.

I will be interested to see where this conversation goes, but as I said, I have gotten the info I needed. The subject at hand has relinquished custody of said firearm back to original owner. Basically, thanks but no thanks.

Thank you again for you insight, happy new year every one, and welcome to the United States of America!