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Two questions.....

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  • bfm0072

    Active Member
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    Apr 23, 2008
    272
    11
    Georgetown
    This came up at work today and I did not know the answer, but with all the extremely intelligent folks here I know I will get an answer.
    If ones spouse is a felon, can the the other spouse own and keep a firearm in the house?
    Also, can a felon own a black powder firearm?
    Target Sports
     

    Sam7sf

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    10   0   0
    Apr 13, 2018
    12,464
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    Texas
    Texas has a in the home only rule after 5 years. Please read it threw to understand it.
     

    Sam7sf

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    Apr 13, 2018
    12,464
    96
    Texas
    Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
    (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or

    (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
     

    txinvestigator

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    May 28, 2008
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    Ft Worth, TX
    You have to answer the right question. The OP asked if the non-felon can own and keep a firearm in the house First, neither Texas nor federal law regulate "ownership". Transfer, possession, etc.

    The non-felon does not commit an offense under Texas law unless the non-felon sells the firearm to the felon before 5 years after release from probation or release from confinement. (Paraphrased)

    The felon, under Texas law, falls under 46.04 as listed in Sam7sf's post.

    Federal law is a different animal. No 5 year exception.
     
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