Felony Conviction & being around firearms
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Felony Conviction & being around firearms
Hopefully some one can help me with this one. If I,as a CHL, are driving my car with a person who was convicted of a felony and I get pulled over for a traffic violation can the passenger who is the convicted felon, no longer on parole and has been off parole for 5 years or longer, the felony had nothing to do with firearms, robbery, assault etc.,be arrested and sent back to jail for being in the vehicle with me? I read the convicted felon laws in my little Texas laws book that I got when I took my CHL but it doesn't really anwer this question for me.
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I have a very strict gun control policy: if there's a gun around, I want to be in control of it." - Clint Eastwood
You don't shoot to kill; you shoot to stay alive!
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Re: Felony Conviction & being around firearms
No , not if the firearm is in your control/possession .
Disclaimer..I may be wrong.
Disclaimer..I may be wrong.
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Re: Felony Conviction & being around firearms
IANAL but I think USA1 is right. If it's in a holster on your body they should be fine. But if it's in the glove box they could be in trouble.
"Ees gun! Ees not safe!"
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Re: Felony Conviction & being around firearms
Thank you USA1 and boomerang for your input. But with all due respect I would like a "second opinion" as I've been wrestling with that EXACT same question for several weeks. And I mean EXACT same question.seniorshooteress wrote:Hopefully some one can help me with this one. If I,as a CHL, are driving my car with a person who was convicted of a felony and I get pulled over for a traffic violation can the passenger who is the convicted felon, no longer on parole and has been off parole for 5 years or longer, the felony had nothing to do with firearms, robbery, assault etc.,be arrested and sent back to jail for being in the vehicle with me? I read the convicted felon laws in my little Texas laws book that I got when I took my CHL but it doesn't really anwer this question for me.
Anyone else care to comment please?
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Re: Felony Conviction & being around firearms
This is the correct answer.USA1 wrote:No , not if the firearm is in your control/possession .
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Re: Felony Conviction & being around firearms
If you are operating the vechile, and its YOUR GUN, the other person wouldnt be affected at all. Otherwise you couldnt conceal carry anywhere, because you might be by someone who has a convection.joe817 wrote:Thank you USA1 and boomerang for your input. But with all due respect I would like a "second opinion" as I've been wrestling with that EXACT same question for several weeks. And I mean EXACT same question.seniorshooteress wrote:Hopefully some one can help me with this one. If I,as a CHL, are driving my car with a person who was convicted of a felony and I get pulled over for a traffic violation can the passenger who is the convicted felon, no longer on parole and has been off parole for 5 years or longer, the felony had nothing to do with firearms, robbery, assault etc.,be arrested and sent back to jail for being in the vehicle with me? I read the convicted felon laws in my little Texas laws book that I got when I took my CHL but it doesn't really anwer this question for me.
Anyone else care to comment please?
Now if you got out of the car and went to the bathroom, that opens a whole nother can of worms.
My Source is my Wife, the Soon-to-be-lawyer.
By that same logic, the Ex-con could go to jail for being near cops (they have guns too)
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Re: Felony Conviction & being around firearms
What if your Firearms are in the trunk of the vehicle and you are heading for the shooting range? If the felon can not get to the firearm easily does that make a difference? Also is there a law that says a convicted felon can't go to a shooting range, not to shoot but just to observe and carry my range bag? (No firearms in range bag)
CHL Rec: 2/5/10
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Project One Million: Texas-Click here and Join NRA Today!
I have a very strict gun control policy: if there's a gun around, I want to be in control of it." - Clint Eastwood
You don't shoot to kill; you shoot to stay alive!
Member: TSRA/NRA
Project One Million: Texas-Click here and Join NRA Today!
I have a very strict gun control policy: if there's a gun around, I want to be in control of it." - Clint Eastwood
You don't shoot to kill; you shoot to stay alive!
Re: Felony Conviction & being around firearms
In the trunk as long as they have no access to it, then it is OK. However, if you leave them unattended and you have a remote release in the vehicle, then it is illegal.seniorshooteress wrote:What if your Firearms are in the trunk of the vehicle and you are heading for the shooting range? If the felon can not get to the firearm easily does that make a difference? Also is there a law that says a convicted felon can't go to a shooting range, not to shoot but just to observe and carry my range bag? (No firearms in range bag)
As for going to the range, they can go and watch, but they would not be able to carry your range bag with a weapon in it as it now becomes under their control. You also can't leave the guns laying on the bench while you go to change targets as it would no longer be in your control and would be accessible to them.
Keith
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Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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Re: Felony Conviction & being around firearms
not to mention some ranges would have a problem with Ex-cons being at their range.Keith B wrote:In the trunk as long as they have no access to it, then it is OK. However, if you leave them unattended and you have a remote release in the vehicle, then it is illegal.seniorshooteress wrote:What if your Firearms are in the trunk of the vehicle and you are heading for the shooting range? If the felon can not get to the firearm easily does that make a difference? Also is there a law that says a convicted felon can't go to a shooting range, not to shoot but just to observe and carry my range bag? (No firearms in range bag)
As for going to the range, they can go and watch, but they would not be able to carry your range bag with a weapon in it as it now becomes under their control. You also can't leave the guns laying on the bench while you go to change targets as it would no longer be in your control and would be accessible to them.
Ex-Cons and Guns dont mix.
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Re: Felony Conviction & being around firearms
I assume the hypothetical range bag would have ammo in it, so that's a no-go. Possessing a single round of ammunition is the same as possessing a loaded firearm.
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Re: Felony Conviction & being around firearms
Not all felony convictions are for violent acts. You can get a felony for putting the wrong number in a little square if you are a bookkeeper AKA; white collar crimes. Not all EX-cons are of the same breed or nature. Some have actually learned their lesson and didn't like the accommodation's nor being around the other residents of the facility in which they were housed. They really don't want to go back. EX-con has such a bad sound to it: EX-inmate is the politicly correct term I do believe. The reason I possed the original question was at the request of an ex-INMATE friend who is serious about not doing anything to jeopardize his/her being out in the free world. Don't mean to sound so heavy just got a little miffed at the comment "ex-con on the shooting range". I did not intend to upset anyone when I put this question on the forum nor do I intend to upset anyone with this post. This is just my opinion on the matter.
CHL Rec: 2/5/10
Member: TSRA/NRA
Project One Million: Texas-Click here and Join NRA Today!
I have a very strict gun control policy: if there's a gun around, I want to be in control of it." - Clint Eastwood
You don't shoot to kill; you shoot to stay alive!
Member: TSRA/NRA
Project One Million: Texas-Click here and Join NRA Today!
I have a very strict gun control policy: if there's a gun around, I want to be in control of it." - Clint Eastwood
You don't shoot to kill; you shoot to stay alive!
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Re: Felony Conviction & being around firearms
Yeah, criminal negligence isnt that common in White Collar crime, generally you KNOW what you are doing is wrong and do it anyway hoping not to get caught. Enron was just some "White Collar Crime" it was more than filling in the wrong number. Theft is theft.seniorshooteress wrote:Not all felony convictions are for violent acts. You can get a felony for putting the wrong number in a little square if you are a bookkeeper AKA; white collar crimes. Not all EX-cons are of the same breed or nature. Some have actually learned their lesson and didn't like the accommodation's nor being around the other residents of the facility in which they were housed. They really don't want to go back. EX-con has such a bad sound to it: EX-inmate is the politicly correct term I do believe. The reason I possed the original question was at the request of an ex-INMATE friend who is serious about not doing anything to jeopardize his/her being out in the free world. Don't mean to sound so heavy just got a little miffed at the comment "ex-con on the shooting range". I did not intend to upset anyone when I put this question on the forum nor do I intend to upset anyone with this post. This is just my opinion on the matter.
I just wouldnt put your friend in a position where he could get in trouble if its something "innocent" . I really didnt mean any offense. I've been in your situation and know to a degree what you are going through.
In Capitalism, Man exploits Man. In Communism, it's just the reverse
Re: Felony Conviction & being around firearms
If they haven't been pardoned they're still convicts, not ex-convicts yet.seniorshooteress wrote:EX-con has such a bad sound to it: EX-inmate is the politicly correct term I do believe.