CHL in residence of Felon

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CHL in residence of Felon

Postby IllogicalRaccoon » Fri Feb 05, 2010 12:08 am

Does anyone have any idea if you can legally carry in the residence of a convicted Felon? My girlfriend lives with her mother and her boyfriend who is a convicted felon from multiple DWIs. He made some poor choices when he was younger, but is sober now, and is a decent guy. I know he can't have a weapon, but is there any reason I can't carry in his home for fear or repercussions that would be levied against him? Thanks.
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Re: CHL in residence of Felon

Postby Dragonfighter » Fri Feb 05, 2010 12:29 am

Someone more erudite in the legal ramifications will chime in I'm sure. My understanding is it hangs on whether or not the felon has control or access...IOW as long as he does not have access and you maintain positive control at all times, you should be (emphasis on "should") okay.

I also believe that somewhere (specifics escape me right now) that certain non-violent felons can have a weapon in their domicile for self protection. Again all this depends on my somewhat Swiss cheese memory being correct.
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Re: CHL in residence of Felon

Postby srothstein » Fri Feb 05, 2010 12:44 am

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.
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Re: CHL in residence of Felon

Postby Dragonfighter » Fri Feb 05, 2010 12:50 am

Dragonfighter wrote:Someone more erudite in the legal ramifications will chime in I'm sure.

srothstein wrote: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...<SNIP>


See, I told you :mrgreen:
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Re: CHL in residence of Felon

Postby nitrogen » Fri Feb 05, 2010 1:41 am

Remember, the law ultimately is what the police and DA say it is, until a court tells them differently.

Or as is commonly said on here, you can beat the rap, but not the ride. Be careful.
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Re: CHL in residence of Felon

Postby 03Lightningrocks » Fri Feb 05, 2010 1:58 am

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.
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Re: CHL in residence of Felon

Postby davidtx » Fri Feb 05, 2010 2:17 am

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'm assuming that this means that the gun could belong to somebody else in the house (wife, roommate, kid, etc.). I have to go back and re-read the thread about the felon that got in trouble for his wife's guns. Perhaps that wasn't Texas or more than 5 years.
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Re: CHL in residence of Felon

Postby The Annoyed Man » Fri Feb 05, 2010 7:06 am

Dragonfighter wrote:Again all this depends on my somewhat Swiss cheese memory being correct.

mmmmmmmmm..... cheeeeeese........ :lol:
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Re: CHL in residence of Felon

Postby Ropin » Fri Feb 05, 2010 9:21 am

The Annoyed Man wrote:mmmmmmmmm..... cheeeeeese........ :lol:



Now that's a thread hijack! :smilelol5:
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Re: CHL in residence of Felon

Postby Dragonfighter » Fri Feb 05, 2010 9:32 am

Ropin wrote:
The Annoyed Man wrote:mmmmmmmmm..... cheeeeeese........ :lol:



Now that's a thread hijack! :smilelol5:


Just not Brie.
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Re: CHL in residence of Felon

Postby Keith B » Fri Feb 05, 2010 10:51 am

OK, back on topic guys. ;-)
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Re: CHL in residence of Felon

Postby VoiceofReason » Fri Feb 05, 2010 1:09 pm

I removed a handgun from beneath the automobile seat of a felon (manslaughter) that was driving by himself. The handgun belonged to his wife. The DA did not charge him and her handgun had to be returned to her. :mad5
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Re: CHL in residence of Felon

Postby almostfree » Fri Feb 05, 2010 1:46 pm

It is my understanding that while state law allows a convicted felon to have a firearm in their home after five years, federal law does not allow it. Thus, a convicted felon that has had five years since their unconditional release that has a firearm in their home would have to be charged under federal law. Whether a local LEO would take the trouble to have somone charged under federal law is a different story. As far as giving a felon a firearm as a gift, that would be a felony under federal law.

As far as the original question goes, unless you make the felon aware that you are carrying and then give the felon access to your firearm, you are ok. Even if they don't know about, however, they could still be charged with felon in possession of a firearm. I don't have any specific instances to offer, but I have heard second-hand (through firearms forums) of situations where a felon was riding in car with someone that had a firearm (and did not know about it) and will still charged with that.
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Re: CHL in residence of Felon

Postby hirundo82 » Fri Feb 05, 2010 4:00 pm

almostfree wrote: Whether a local LEO would take the trouble to have somone charged under federal law is a different story.
I'm sure the ATF loves those kind of cases; it's an easy way to get their conviction stats up.
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Re: CHL in residence of Felon

Postby Sewer_Ice » Fri Feb 05, 2010 4:59 pm

The Federal law REALLY needs to change. It seems a lot of us know someone who was convicted of something stupid when they were young, and still being punished well after their release.

After 5-10 years, I'm not saying their rights should INSTANTLY be re-instated, but there should be a standardized means for them to have them re-instated, more easily.
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