A Felon, on gun laws...

Discussion in 'Firearms' started by SonOtheSouth, Jan 25, 2013.

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  1. SonOtheSouth
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    SonOtheSouth Monkey

    Yep, I'm a felon. I was 17 years old at the time of the crime... and now I'm 37.

    Thing is, I need the means to protect my family and property. So, I did a little digging into what my rights are as far as guns. My understanding is that in the state of Texas, it is legal for me to possess a firearm in my place of residence. But, not outside of it, as long as I have been out of jail/prison, or off of parole/probation for 5 years.

    Texas penal code 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."

    Thing is, Federal law prohibits me from purchasing a gun... at least from an FFL dealer. But, I can and have purchased them from individuals. Same length of time applies to this as well ( 5 years ) as seen in penal code 46.06.

    However, what I'm not clear on is what the federal law says about me owning a gun in my home. Do the Feds just leave that up to State laws or what... still looking for the Federal penal codes on this.
    If it is 'federally illegal', whats the chances of police in this state enforcing federal laws that contradict state laws ( in the event I ever had to use it ) ?

    Would that not fall under state's rights ? Would it be constitutional ???

    Thanks for any comments.... or help with the fed. penal codes
  2. BTPost
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    BTPost Old Fart Snow Monkey Moderator Site Supporter

    This is very similar to our Alaska Statute, only possession can, and does, include ANY Subsistence Hunting Trip, as well.... AND just as in Alaska, the FEDs can still arrest you, for violating the Federal Statute, as long as they have the local County Sheriffs approval. Mostly the FEDs leave these matters, to the discretion of the State, and in the lap of the Country Sheriff, to decide. If he decides you are a BAD Guy, then he can always call in the FEDs to arrest you, on the Federal Charge. Best bet is to stay out of trouble, and either, stay below the Sheriff's Radar, OR be VERY Good buds with the Sheriff. Here in Alaska, our Native Americans are ALL US Citizens, however, many still live a Subsistence LifeStyle, and depriving them of the means to Hunt, with a FireArm would cause them to be a Drag on their Villages economy, to the point that they would starve. Then they would have to live in the Cities, and be taken care of by the Welfare System of the State. This way they stay out in the villages, and pretty much stay out of trouble.
  3. SonOtheSouth
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    SonOtheSouth Monkey

    Right... but if it's legal on a state level, and I have to use it some day ( God forbid ), it's not like the Feds are gonna show up to the scene... right ? I mean, why would the Feds get involved ?
  4. BTPost
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    BTPost Old Fart Snow Monkey Moderator Site Supporter

    They might show up, if someone decided to "Inform them", HOWEVER, they MUST get Approval from the County Sheriff, before THEY could effect the Arrest. You had better be on VERY GOOD Legal Ground, for ANY such Actions, or the Sheriff will just hand you over, to the FEDs, and the local Prosecutor can decide to Inform the FEDs, just because he doesn't like you, as can your neighbors, or anyone else. If the investigating local LEO arrests you, pending the outcome of their investigation, then the FEDs get notified, of a Felon, in Possession, even if you are subsequently cleared of any State Charges, and the local FEDERAL US Attorney gets to decide IF, he wants to prosecute you on the Federal Charges, not withstanding your being cleared of State Charges....
  5. Seacowboys
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    Seacowboys Senior Member Founding Member

    When it comes to defense of my life and the lives of my family and those that I am responsible for, the government does not get a vote on any level as to how I might choose to do so, whether it be with a nearby stick, a sliver of tin can top, or a freaking RPG.
    Yard Dart, CATO, chelloveck and 3 others like this.
  6. SonOtheSouth
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    SonOtheSouth Monkey

    yeah... but hell, better that than being dead, or living with the fact that my wife was killed because I couldn't defend us etc... I mean, what choice is there ?
    The only way I would ever use it would be in a kill or be killed situation, so if the Feds get involved all I can do is argue the state laws etc.
  7. SonOtheSouth
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    SonOtheSouth Monkey

  8. Quigley_Sharps
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    Quigley_Sharps The Badministrator Administrator Founding Member Site Supporter+++

    You can petition the court to have your firearm rights restored 5 years after completing all conditions of a sentence in a class C felony, 10 years for a class B in Most States.
    In Texas you may be able to petition the court for Restoration of you Right to Purchase and Possess Firearms. Some felony offenses are excluded from the restoration process. You may also be able to file for an expungement of certain felonies which will automatically restore your rights. Talk to a Gun Right Lawyer in Texas or which ever charter is responsible for much of the pro-gun legislation efforts in Texas.
    BTPost likes this.
  9. BTPost
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    BTPost Old Fart Snow Monkey Moderator Site Supporter

    Unfortunately, that argument in Federal Court will avail you of nothing. If the US Attorny decides to prosecute you, you are TOAST, Unless you try Jury Nullification, and that is a very Long Shot, at best. Much better is to get your FireArms Rights RESTORED.
  10. melbo
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    melbo Hunter Gatherer Administrator Founding Member

    There are other issues where state and federal are at odds with each other.
    Washington State and Colorado just decriminalized marijuana possession for personal use of up to 1 oz. When the law passed, but before it went into effect, courts across the state dropped all pending cases of possession that would fall under this upcoming law. The Feds still consider this possession to be criminal.

    I don't know what would happen if the Feds got involved in trying to arrest/prosecute something that was legal under State law. Would the State step in to protect it's resident? Some of the new 'Firearm Owner Protection' legislation that certain states are considering actually says that they will and would step in, up to the arrest of any Federal agents who were trying to confiscate lawfully owned firearms from it's citizens.

    If I were you, I've keep a copy of my release papers and a snip of that TX law handy.

    Unfortunately, if you ever have to use your rights to defend your family or property within your home, the headline will likely read "Ex-con shoots intruders with handgun". Oh well.
    CATO likes this.

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