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.
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 Licence 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.
So as a felon getting close to ten years past completion, I would be ok to posses a firearm that stays in my hole and the only time it would be transportable would be during an in state move from one previous but considered ” permanent ” address to what would be my new address and of course things like locking ot up, and having it like in a gun case, in a suit case inside the back of a uhaul or trunk perhaps but otherwise simply having one to protect my family in the untimely event of a robbery perhaps I can say if needed discharge the gun if my daughters or spouse were in a life threatening situation but otherwise keeping it safely up and so on…… basically i would be ok?
Asking because i am currently living in a rougher side of Dallas that about once a week we see ten sirens lit up and wailing and just prior about 6 to 9 rounds going off as some one has just been shot, perhaps killed. I have kids, i want to personally feel if needed i can defend my home but that is all. Not to carry, not to flaunt or anything just to provide a little extra peace of mind. I know the feds have higher rulings but basically for my intent, i would be safe to own a legal firearm?
After 5 years post release from prison or supervision you can possess a gun inside your home under state law. However, possessing that weapon is still illegal under federal law as you mention in your post.
Traveling to a new resident, with the weapon, makes the situation a little more questionable. If it were me, I would not travel with the weapon. I would have someone else transport it.
Can I own a gun if I have a felony 5 for forgery? It happened in 2000. No other convictions since.
There is not a felony 5 in Texas. Email us so we can get some more information to help us answer your question.
Can u get a felon charge expunged or get a good report to get a gun after 30 years ? Person was 18 at time did five months in county jail. Is now 50 ? Lives in ny
Based on the facts you sent us it is hard to give you a solid answer. Email us and we can get some more facts to help us answer your question.
Does this implyto south carolina as well
We are not licensed in South Carolina so we can’t speak to their laws. Sorry, I wish we could.