TexasCHLforum.com

03Lightningrocks wrote:

srothstein wrote:If the felonies were a long time ago, the felon is also clear in Texas. A felon in Texas may have a firearm in their home after five years. Note that the five years starts when the person is released from confinement, probation or parole, whichever is later.

This confuses me a bit. Under the circumstances stated a felon can have a gun in their home. Can they purchase the gun??? If I am not mistaken, I can't purchase a gun for a felon...even as a gift? Also, would this same felon be allowed to go hunting with said gun?

Thanks...I hope this isn't a hijack. I know someone who is a convicted felon and even served 6 months in prison 30 years ago.

I am not sure how he would get the gun, but it is legal under Texas law to sell him the gun also. He is not allowed to go hunting or have it off his premises though. And of course, this does not cover any federal bans on his buying or having it.

What might be an interesting court case would be for a convicted felon to argue that he is allowed by federal law to buy the gun in Texas. Federal law allows for states to restore gun rights by pardon and other ways. You could certainly argue that this law restores gun rights to felons under the right circumstances. I would not ask a felon to be the test case based on what he risks by losing, but it certainly could be an interesting case. A good lawyer would have to look furhter into it than I can and see what kind of federal case law there is on it.

You can carry anywhere the law does not specifically forbid it, and it does not mention a felon's home anywhere. Nothing can happen to you.

But, the felon MIGHT get into trouble if you do not keep the gun physically in your possession. If he can be placed in what is called constructive possession of the firearm, he is violating federal law. The law says he cannot possess and the courts have ruled that if he has access to it then he is in constructive possession. But if he never has access to it (such as it stays in your holster and concealed), then no one can get in any trouble with the law.

If the felonies were a long time ago, the felon is also clear in Texas. A felon in Texas may have a firearm in their home after five years. Note that the five years starts when the person is released from confinement, probation or parole, whichever is later.