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by Sewer_Ice
Mon Feb 01, 2010 9:03 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Felony and firearms
Replies: 17
Views: 2470

Re: Felony and firearms

gigag04 wrote:Texas law is 5yrs (for most felonies) IIRC. I think federal law would only matter if you were convicted on a federal felonly (ie tried in Fed Court).


I was wrong...quick google search turned up this:
This is a situation where you would go wrong if you only looked at Texas law. Texas law lets a convicted felon possess a firearm on the premises where he lives once five years have elapsed from his release from prison or from parole, whichever is later. Texas Penal Code §46.04.

However, federal law is much stricter. It generally prohibits a person convicted of a crime "punishable by imprisonment for a term exceeding one year" from possessing a firearm. The test is the length of possible punishment, not whether the crime is called a misdemeanor or a felony. No exception is made for having a firearm at the home, no matter how long ago the conviction. 18 U.S.C. § 922(g).

Also, Federal law makes it unlawful for anyone under indictment for a crime punishable by imprisonment for a term exceeding one year to receive (possess) any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. 18 U.S.C. § 922(n).
Found at: http://www.burger.com/gunfaq02.htm" onclick="window.open(this.href);return false;
I'm curious of this. I have a friend who also did something stupid 2 weeks after he turned 17, then was tried as an adult. After going on probation, he got popped for failing a drug test, and went to prison for 9 months. It says convicted of a crime "punishable by imprisonment for a term exceeding one year" It was breaking and entering so I believe that is punishable for a longer period of time, but he did not serve a year. Does this mean he can own a firearm. He was not prosecuted in federal court, and I think it has been longer than 5 years now since he was done with prison.

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