Can a felon own a gun?

[RPBrown]

I have an employee that was convicted of a felony drug charge 25 years ago (18 yrs old at the time). I know he can never get a CHL but in reading the state gun laws it appears that he can legally own a gun after 5 years from final disposition. Am I reading this correctly?

I donot want to give him bad information and him get in trouble again.

[stevie_d_64]

I believe you are reading it correctly...No CHL, but posession is ok after a time when all the paper is worked off...Time served, Probation, etc etc...

At least I've never dealt with it personally, but that is about what I have heard as well...

Yer up early!

[RPBrown]

Always up early. Usually at work by 6. On vacation now but still can't sleep in.

The way I read the law, he can own. But how can he buy? Federal law says you can't knowingly sell to a felon even as an individual.

He really wants to have sonething for home defense as well as going to the range with me.

[seamusTX]

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

[texas297]

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

[KBCraig]

State law aside, federal law says he can never possess a firearm or ammunition.

And yes, they do prosecute. They love to use it as a "big hammer" to coerce someone to testify, or to gather evidence against a third party.

Kevin

[seamusTX]

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

[XDgal]

I have some questions in a simular vein. A guy I work with has a felony conviction 10+ years ago, and I told him the law allows him to have a gun at his residence. He was wondering if he can have a pistol and a shotgun? He also wondering if he can legaly take them to the range for practice. I said I would check to see for sure, but, I didn't think he could. Is this correct? Can he rent guns to practice with? I wanted to check with the knowledgeable folks on this site because, like RP, I don't want to give bad information that would get him in trouble. Thanks RP for sharing this post, and thanks in advance for any info on these questions.

[seamusTX]

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

[carlson1]

Once a felon always a felon. If caught with a firearm he can be charged with convicted felon in possession. He lost his right to bear arms and his right to vote when found guilty. He could shoot for clemency from the paraole board after a certain time.

[stevie_d_64]

This is a good topic to get cleared up...Obviously we have some general ideas...I know someone's right here...It's just hard to come up with an absolute answer...

Honestly my brother is effected by this, and I can tell you after what he, and another family member told me is that the parole folks don;t want to see alcohol or firearms in the place of residence of the convicted felon...

They (parole officer) even tried to tell me I couldn't carry in his presence...Someone here go ahead and speculate what my thoughts were about that!

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...

Ya bunch of law-abiding goodie goodies!

[RPBrown]

Once a felon always a felon. If caught with a firearm he can be charged with convicted felon in possession. He lost his right to bear arms and his right to vote when found guilty. He could shoot for clemency from the paraole board after a certain time.

May be but he s now allowed to vote. In the beginning I questioned this but have seen his voters registration card and he has voted at the same time and place that I have. Thus the question about owning a firearm.

What if his wife owns one. Remember, his parole was done with 20 years ago.

[seamusTX]

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

[Diode]

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

Yup, smart man, I sure miss he radio show!

[loosecannon]

I'm a layman, but...my knowledge of this question is up-to-date because of a gun-buddy friend who married a felon. The feds say no guns and no access to them. So, a gun safe keeps everybody out of trouble including the lawful owner, who might otherwise be charged with allowing access.

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. This no access/no possession rule also applies to ammo.

Suggest that your friend ask the ATF. I think that black powder stuff is excluded.