Felony and firearms

[hirundo82]

As I understand the law, under both state and federal law, most (not all) black powder guns are not considered firearms. Even felons could have them for a hobby, home defense, or hunting. The reason i say most is that I think there was a legal question on the new in-line black powder guns that are not a replica of the antiques at all (and the law usually says made before 1899 or a replica of one - or words like that).

That's true--this appears to be one of the rare examples where Texas firearms law is actually stricter than federal law. While federal law (which I posted previously) appears to say that any muzzle-loading firearm is OK, Texas law states it differently:

Sec. 46.01. DEFINITIONS. In this chapter:
(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

Actually, now that I look at the two side-by-side, the main difference is that Texas law does not include the third exemption, which is the general exemption for muzzleloaders.

But I agree, consulting a lawyer is always a good idea in this kind of situation, especially when a mistake could result in someone going back to prison for a long time.

[Sewer_Ice]

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.

[03Lightningrocks]

I know a having a felony on you record prohibits you from obtaining a chl, but I have a friend who wants to buy a deer rifle. However, in his youth (17 yrs) he committed a stupid mistake. He is now 33 and wants to start hunting. I don't know the law with it comes to just simply owning a firearm with a felony record. Is there a time limit or does the law prohibit you from ever having a firearm? My first inclination is no, but I want to make sure.

Thanks

There is someone close to me that is in this exact same situation. He got into some trouble at 17 years old and ended up doing 6 months in prison. His crime was stealing credit cards. Pretty stupid thing to do and he brought it upon himself, but it is pretty darned pointless that 32 years later, he still cannot buy a rifle to go hunting or a weapon to defend his family. I am presently trying to help him get it expunged or maybe even get a pardon. This is not easy to do in the State of Texas. It is like trying to pull teeth, quite frankly.