If you are a conviceted felon can your husband own a firearm and keep it in the home for protection if you live in Texas?

Answer 1

This is a situation where you would go wrong if you only looked at Texas law. Texas law lets a convicted felon possess a firearm on the premises where he lives once five years have elapsed from his release from prison or from parole, whichever is later. Texas Penal Code §46.04. However, federal law is much stricter. It generally prohibits a person convicted of a crime "punishable by imprisonment for a term exceeding one year" from possessing a firearm. The test is the length of possible punishment, not whether the crime is called a misdemeanor or a felony. No exception is made for having a firearm at the home, no matter how long ago the conviction. 18 U.S.C. § 922(g). Also, Federal law makes it unlawful for anyone under indictment for a crime punishable by imprisonment for a term exceeding one year to receive (possess) any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. 18 U.S.C. § 922(n).

Answer 2

You need to contact the police or an attorney on this one... Here's CA law -

12021. (a) (1) any felon ...who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=12001-13000&file=12020-12040

See Also CA Civil Code 3526. No man is responsible for that which no man can control.

How can the felon control what you do with your life?

You might want to check out the law.com dictionary at http://www.steveshorr.com/dictionary.htm For the most part, for a convicted felon to be arrested and charged with "Felon in possession of a firearm" there are factors which must be present.

The felon must be in "care/custody/control" of the firearm at the time of the arrest. If the felon is home alone and a firearm (owned by you) is left upon a table; he would be deemed in "care" of the firearm, and thus able to be charged.

If the felon is borrowing your car and there is a firearm left in a backpack in the backseat, he would be in "custody" of that firearm, even if he didn't know it was back there.

If the felon is holding your firearm to exam it, he is in "control" and could be arrested.

Now, if you keep your firearms in a gunsafe or otherwise locked up in a way where the felon couldn't get access to them, but are IN the same house. . .most times no, they couldn't be charged. I say "most times" as an officer with an ax to grind can always arrest the felon on the charge; but it would be up to the DA as if they want to try the case, and if the arrest will likely lead to a conviction.

The first answer honestly contains the best advice: Seek out a lawyer and run the situation past them.

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UPDATE

From jeb_oi812

Yes it is illegal in Texas for a felon to have a firearm in the home or car whether the felon has immediate access to the firearm or not. Unless that firearm is a black powder gun, then one must check with the local government, police, sheriff and such as well as find out if the crime for which they were convicted allows for them to posses even a black powder firearm.

Answer 3

Section 46.04 Texas Penal Code (paraphrased) (1) ..a person who has been convicted of a felony commits an offense of he possess a firearm. Subsection: (1) After conviction and before the fifth anniversary of release from confinement or release from parole, probation or other supervision by authorities. (2) After the period described by subdivision (1) at any location other than the premises at which the person lives. The law does not apply to someone who has been convicted of domestic violence against an adult or children. Texas law is moot. Federal law prohibits any convicted felon from possessing a firearm. If the firearm is in his/her residence it is considered possession. In AZ, once civil rights have been restored, it is legal per AZ law for a convicted felon to possess a firearm, however, federal law still prohibits it. One way to look at it is it wouldn't be breaking any Texas law but the Federal law is still being broken.

Answer 4

With the proper legal authorization Texas does allow state-convicted felons to keep a firearm IN THEIR HOME for self-protection. However if you are a federally convictedfelon you will not be able to have your privilege restored.

Answer 5

No! The convicted felon would be already committing a crime for possessing the or a firearm in the first place. In most states it's automatically 5 years prison time and a felony charge for a convicted felon to possess or be around a firearm. Let alone shooting to protect him/herself.

Another View: I BELIEVE that Texas does offer convicted felons who have successfully completed the entire term of their sentence, to possess a firearm IN THEIR HOME ONLY, under very limited circumstances. Check your local laws CAREFULLY before assuming this to be true in all cases.

Answer 6

No, according to US Federal Law, felons may not own fire arms.

Answer 7

Yes. Ammunition and/or explosives of any kind are forbidden.

Answer 8

No. A felon may not purchase, possess, or be allowed access to firearms or ammunition in ANY state or territory of the US, period.

Answer 9

No. A felon may not purchase, possess, or be allowed access to firearms or ammunition in ANY state or territory of the US, period.