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A Felon, on gun laws...

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

  1. SonOtheSouth

    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

    BTPost Old Fart Snow Monkey Moderator

    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

    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

    BTPost Old Fart Snow Monkey Moderator

    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

    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

    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

    SonOtheSouth Monkey

  8. Quigley_Sharps

    Quigley_Sharps The Badministrator Administrator Founding Member

    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

    BTPost Old Fart Snow Monkey Moderator

    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

    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.
  11. fedorthedog

    fedorthedog Monkey++

    I dont know about where you are but in Washington you can apply to the court after ten years to have your rights restored. This includes you gun rights. There is also a way to have you record sealed.
     
    CATO likes this.
  12. CATO

    CATO Stayin' Alive

    If I were writing a book, the protagonist, who had a run of bad luck at an age when we were all dumb and stupid, saw that the laws did not adhere to the concept of "I've done my time, now let me get on with my life," and that he would forever be under the shadow of the irresponsibility of youth. Faced with this, our now responsible protagonist figured out a way to get a new identity. This new life would not be used on a daily basis, however, but only used to create "life," maybe a few towns over.

    If faced with something bad in the future, you might say a new life would be waiting. But, that's only in books.

    Read Unintended Consequences to learn more about such fictional characters.

    @UGRev should take note . . . b/c he's going to be a felon soon for not turning in his guns and mags. (heard in the distance: "breakin' rocks in the hot sun, I fought the law and the...law won ^2").
     
  13. VisuTrac

    VisuTrac Ваша мать носит военные ботинки Site Supporter+++

    This is going to sound stupid. Did you talk to a lawyer? Those weasels know all the in's and out's.
    (excluding our @f.ticious of course, he's a simian )
     
  14. UGRev

    UGRev Get on with it!

    What guns..what mags? I had to pay for two crowns on my teeth, some home repair and the payroll company for my employer had me down as married and 2 so they didn't take enough money out. I got hit hard.. really hard.. . Sold all my shit.. and I mean ALL of it. I'm wiped out.. The good thing, I'm glad I had the assets to recover.

    Soo.. guess that pretty much wraps up my need for participating. It will take me 10 years to get it all back at the rate things are now.
     
    CATO likes this.
  15. jim2

    jim2 Monkey++

    Well, is there any reason the wife can't learn to shoot and defend herself because of the legal problems? G. Gordon Liddy's wife owns lotsa guns, but , Liddy's doeosn't.

    Jim
     
    Tracy and CATO like this.
  16. kellory

    kellory An unemployed Jester, is nobody's fool.

    By all means, try every legal means first to restore your right to possess a firearm for defense purposes, but in the end, I would rather be tried by 12, than carried by 6.:(
     
    bebop likes this.
  17. Tracy

    Tracy Insatiably Curious Moderator Founding Member


    Do more digging into your what your rights are as far as records, pardons, and expungements.
    Hire an attorney - not required, but a good idea, as the laws are difficult to weed through. Usually violent felonies are ineligible, but an attorney would know.
    Get a copy of your records; criminal, arrest, court, etc.
    If qualified; complete a petition for felony expungement
    You can petition for a pardon from the President (I wouldn't bet on that one, though).

    Interesting that you're willing to tell the world that you've committed a federal offense (purchased a gun). Hmmm...

    Get your wife some training. She should be able to defend herself, in case you're not there when defense is needed. With that training, she might even be able to defend you, should the need arise. If you cannot clean your record; she will have special rules to follow, but those laws are available to research as well.
     
    ghrit and BTPost like this.
  18. melbo

    melbo Hunter Gatherer Administrator Founding Member

    VALJEAN // JAVERT (in counterpoint)
    Believe of me what you will // Men like you can never change
    There is a duty that // Men like you
    I'm sworn to do // can never change
    You know nothing of my life // No, 24601,
    All I did was steal some bread // My duty's to the law
    You know nothing of the world // You have no rights
    You would sooner see me dead // Come with me 24601
    But not before I see this // Now the wheel has turned around
    justice done // Jean Valjean is nothing now
    I am warning you, Javert // Dare you speak to me of crime
    I'm a stronger man by far // And the price you had to pay
    There is power in me yet // Every man is born in sin
    My race is not yet run // Every man must choose his way
    I am warning you, Javert // You know nothing of Javert
    There is nothing I won't dare // I was born inside a jail
    If I have to kill you here // I was born with scum like you
    I'll do what must be done! // I am from the gutter too!
     
    ghrit likes this.
  19. SonOtheSouth

    SonOtheSouth Monkey

    "Interesting that you're willing to tell the world that you've committed a federal offense (purchased a gun). Hmmm..."

    Well, I'm not sure it is a federal offense. Seems that one thing is clear from what I'm reading, and that is the federal law does not apply to individuals who have had their civil rights restored by the state in which they where convicted of the felony... and according to Texas law, after I was off of parole for 5 years my right to own a gun in my home WAS restored.

    In any case, I will contact a gun rights lawyer Monday morning for a little pow wow. I'll post what he has to say.
     
  20. VisuTrac

    VisuTrac Ваша мать носит военные ботинки Site Supporter+++

    I'd suggest that you obtain legal counsel and if you are asking us for permission, just remember, it's you that will be doing the time. Not us. Are you willing to risk your freedom on your or our interpretation of State and/or Federal Statues?
     
    CATO likes this.
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