Can an ex felon own a gun legally? Having a felony charge on your record can cripple one’s future in countless ways, including owning a gun. Texas criminalizes the possession of a firearm by felons who have been convicted of a crime with a punishment exceeding one year.
By law, a convicted felon cannot be in possession of a firearm. “Firearm” means “any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.” The penalties for violators of this statute can be severe. Under Texas Penal Code §§ 12.33, 46.04, the unlawful possession of a firearm is a third-degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and a fine up to $10,000.
“Possession” under Texas means, “actual care, custody, control or management. Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.” Because of the broad definition, a person could be in the same house or vehicle as a gun and that could be enough to incite they have “control” over the weapon.
In this video “Can an ex felon own a gun legally?”, as a caveat under Texas state law, defense attorney Shawn McDonald explains that a convicted felon may possess a firearm inside his or her home for self-protection once five years have elapsed from probation or parole. The felon is not, however, permitted to leave home with the weapon – ever. Texas law is uncompromising on this statue, and it will not be lifted in the felon’s lifetime.
This means a convicted felon would never be able to obtain a License to Carry, have a gun in the car for protection, hunt with a weapon, and so on. A felon would not be able to travel to another state to obtain a gun either – possession of a firearm by a felon is against the law.
Video Transcript:
Interviewer: “After five years of being off parole can an ex felon own a hand gun legally?”
Shawn McDonald: “Inside of his house. Never outside of his house. So five years post release from parole or probation. After the five years he can possess a weapon inside of his home, but he never can leave the home with that weapon. Ever. For the rest of his life. But he can have it inside the home for protection.”
Interviewer: “Ok. And when the person has something where they are an ex felon, they can never get an LTC? They can never get a license to carry?”
Shawn McDonald: “Never.”
Interviewer: “Ok.”
Shawn McDonald: “Yeah, they are prohibited. Because it is a separate statute. Unlawful possession of a firearm by a felon. I mean, it is against the law for a felon to possess a firearm.”
Interviewer: “Ok.”
Shawn McDonald: “Outside of their home. So…”
Interviewer 2: “And is that on a federal level?”
Shawn McDonald: “There’s a statute federally as well, but it…”
Interviewer 2: “To where you can’t go from one state if you are in Texas and have a felony conviction here and you move to a different state where you are clean, say Florida because their laws are similar. Can you then possess a gun in Florida? Or does that… I would assume the record follows you around.”
Shawn McDonald: “Oh absolutely. Yeah. I mean, if you are convicted in Texas and you go to Florida. And there, Florida, it is against the law to possess a firearm then…”
Interviewer 2: “You are a felon, you are a felon.”
Shawn McDonald: “That’s right.”
Disclaimer
*This blog post, “Can an ex felon own a gun legally?”, is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.