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Old January 25, 2013, 05:06 PM   #1
SonOtheSouth
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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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Old January 25, 2013, 05:11 PM   #2
breakingcontact
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I'd talk w a lawyer.
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Old January 25, 2013, 05:18 PM   #3
SonOtheSouth
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Well, perhaps there is a Texas LEO who could shed light, or has personal exp with the matter
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Old January 25, 2013, 05:28 PM   #4
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LEOs are not lawyers, DO NOT seek legal advice from one you'll most likely wind up in trouble.
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Old January 25, 2013, 05:29 PM   #5
Spats McGee
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You need a lawyer. Not a Texas LEO. Not a bunch of internet gun guys. A lawyer. One versed in both TX law and federal law. Remember that what you say to your lawyer is privileged. What you post on the internet is not.

Good luck.

Edited to add: Here's what federal law has to say on the matter:
Quote:
(g) It shall be unlawful for any person--
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; . . . .
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
18 U.S.C.A. § 922 (West)(emphasis supplied)
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Last edited by Spats McGee; January 25, 2013 at 05:38 PM.
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Old January 25, 2013, 05:35 PM   #6
tyme
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Can you get it expunged?

Yeah, you need a lawyer, not internet advice.

What's constitutional or not is not relevant to the practical considerations of your case.
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Old January 25, 2013, 05:36 PM   #7
SonOtheSouth
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I understand... but I'm not concerned with all that. And, I'm not here trying to gain legal council upon which I would base any choices. Just sparking conversation on the topic...
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Old January 25, 2013, 05:45 PM   #8
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A friend of mine which is a felon recently won a court case in Cook County IL to get his FOID. IL law is 20 years after released from prison with no other crimes of a xx level in that 20 years.

He can buy guns but, I am not sure if he will be able to carry as the carry law has not yet passed?
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Old January 25, 2013, 05:45 PM   #9
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Order an "antique type" BP pistol and have fun...

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Old January 25, 2013, 05:48 PM   #10
Spats McGee
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SonOtheSouth, it's not that we don't want to help. We do. Unfortunately, the only way we can help is by steering you to a lawyer. A good lawyer may be able to get the felony expunged, gun rights restored, or maybe even a pardon. You're unlikely to accomplish any of those without the services of a competent lawyer.

If you're thinking about getting a gun, you should be very concerned about what federal law has to say on the matter, because a violation of the section I quoted above is punishable by 10 years in prison. See 18 U.S.C. § 924
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Old January 25, 2013, 05:58 PM   #11
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Quote:
Order an "antique type" BP pistol and have fun...

Brent
^^this
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Old January 25, 2013, 06:04 PM   #12
SonOtheSouth
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Isnt there a concern with keeping a cap and ball pistol loaded 24/7 and corrosion ?
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Old January 25, 2013, 06:16 PM   #13
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Quote:
Quote:
(g) It shall be unlawful for any person--
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; . . . .
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
18 U.S.C.A. § 922 (West)(emphasis supplied)
So I wonder how my friend is able to not only own guns but pass background checks to buy guns?

He did not have his record expunged and he spent 4 years in prison?
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Old January 25, 2013, 06:26 PM   #14
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If I was using a cap and ball pistol for home defense the first thing I would do is have 4 or 5 of them on a bandolier (pirate style :-)) , but I'd also shoot them fairly often to keep fresh powder and ball loaded. Don't know about the time frame as I've never known anyone that kept one loaded and ready, but it probably would have a lot to do with the conditions they're stored in. A good dessicant in a fairly airtight container would probably let you go a couple weeks at least.

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Old January 25, 2013, 06:35 PM   #15
SonOtheSouth
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I was just reading the federal definition of a firearm, and it's anything that fires a projectile by use of an explosive. so why don't you have to pass an FFL check to buy a muzzle loader ?
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Old January 25, 2013, 09:49 PM   #16
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Antique and muzzle loading black powder are specifically exempted.
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Old January 25, 2013, 10:01 PM   #17
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Quote:
Antique and muzzle loading black powder are specifically exempted.
Antique being what? I have heard anything made before 1898 ..... in which case, I have a good reason to keep that bubbafied Commision rifle around, JIC.
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Old January 25, 2013, 10:36 PM   #18
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What is an antique?

Here's the entire text of the federal law, from 18 USC § 921.
Quote:
(16) The term "antique firearm'' means--
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such replica--
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term "antique firearm'' shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
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Old January 25, 2013, 10:42 PM   #19
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Given the potential life-altering consequences (including possibly being charged with a felony), you really need to pursue competent legal counsel. I would strongly suggest not posting any further details until you've gotten resolution on the matter.
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