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Law & Legal Issues
Criminal Law
State Laws
Louisville

Is it against the law in Texas for a convicted felon's spouse to have a gun in their home?

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October 17, 2005 4:48PM

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.