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Old January 25, 2013, 05:06 PM   #1
SonOtheSouth
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Join Date: January 17, 2013
Posts: 28
Texas felon... on gun laws.

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 think I can purchase 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

Last edited by tyme; January 25, 2013 at 06:08 PM. Reason: dicey
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