TexasCHLforum.com

KBCraig wrote:If someone owns firearms and is convicted of a felony, he still owns those firearms, and that ownership isn't illegal.

That's probably true in Texas. (I hope I never have to know for sure.)

In some situations, when someone is suspected of a felony, the police confiscate every firearm they can find, whether owned by the suspect or someone living with him, and anything else that might be evidence.

If the suspect is subsequently convicted, he will probably never see those weapons again. Innocent people have lost property that way.

Also, in states where a permit is required to own a firearm, I'm sure that's revoked if the owner is convicted. He would probably have to sell or give away his firearms before conviction.

- Jim

KD5NRH wrote:Hmm...correct me if I'm wrong, but pretty much all federal gun laws exist purely under the auspices of interstate commerce, don't they? Has anyone ever tried to push something like this (other than U.S. v Lopez, but building on it, of course) up the appeals process on the grounds that possessing an item with no intent to transfer, much less transfer out of state, could hardly be classed as interstate commerce?

I don't know in the case of firearms. The Supreme Court has ruled in a number of cases that even if you make something for your own consumption, it affects interstate commerce because you then do not need to buy the thing.

That's the basis for the feds going after people who grow their own pot.

- Jim

Thanks for the replies.

All of these incidents seem like miscarriages of justice in my book. Technical offenses that serve no good end.

(I've always thought Mr. Liddy was pushing his luck, too.)

- Jim

loosecannon wrote:I know of one case where a guy(technically in violation)was forced to plead guilty to possession; if not, the feds would prosecute his wife for providing access. She owned her late father's guns.

Do you mind if I ask how any LEO knew what was in the home?

If you don't want to answer, I understand.

- Jim

stevie_d_64 wrote:What's interesting is that for all our knowledge, we just don't have someone post who is directly effected by this issue...We come close, co-worker, family member, etc etc...

Well, felons who have completed their sentences either stay away from weapons, or don't care about the law because they are continuing criminal activity.

I wouldn't expect either group to show up in this forum.

- Jim

As far as I know, a felon cannot touch a firearm outside his home.

Your friend really ought to consult an attorney who knows firearms laws. It's dangerous to take legal advice from people like me.

- Jim

texas297 wrote:Isn't it G. Gordan Liddy that says that he doesn't have any guns, but his wife has hundreds?

Yep, something like that. I listen to him sometimes.

- Jim

PC §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.

The way I read this, a felon can have a firearm in his residence after five years of keeping his nose clean.

AFAICT, there's no legal way for a felon to acquire a firearm other than someone else in the house buying it and bringing it there.

After 25 years and a non-violent offense, he may be able to get a pardon if he jumps through the hoops.

There are some other legal loopholes. I think, if the charge he was convicted of is not currently a felony in Texas, he would not be considered a felon under Texas law. However, the feds would still consider him one. (I am not sure about this.)

I am still not a lawyer.

- Jim