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Convicted of a DWI over a year ago, can I keep a loaded shotgun in my truck? HELP!

Discussion in 'Texas LTC / CHL' started by dking, Apr 3, 2013.

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  1. dking

    dking New Member

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    I am 20 years old and I was convicted of a DWI (first time) Class B Misdemeanor 13 months ago. I keep a loaded Mossberg 500 in the back seat of my truck (not visible).

    I have looked EVERYWHERE online to find out what the rules are for DWI Convicts (Class B Misdemeanor) and possessing loaded shotguns in vehicles and it just says it's just not allowed.

    FOR HOW LONG? FOREVER? AFTER X AMOUNT OF YEARS WILL I BE ABLE TO KEEP A LOADED SHOTGUN IN MY TRUCK? CAN'T FIND THE LAWS ANYWHERE. DOES ANYONE KNOW THE ANSWER TO THIS NOT SO COMPLICATED QUESTION? I don't live in the best parts of town and travel to rough neighborhoods sometimes for work and I would feel vulnerable without my 12 gauge.
    HELP PLEASE.
     


  2. Shorts

    Shorts TGT Addict TGT Supporter

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    DISCLAIMER: I AM NOT A LAWYER. YOU'RE BETTER OFF CONSULTING ONE SINCE IT'S YOUR TAIL ON THE LINE.


    Start here: PENAL CODEÂ*Â*CHAPTER 46. WEAPONS

    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.
    (b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
    (1) the date of the person's release from confinement following conviction of the misdemeanor; or
    (2) the date of the person's release from community supervision following conviction of the misdemeanor.
    (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.
    (d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
    (e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.
    (f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:
    (1) is designated by a law of this state as a felony;
    (2) contains all the elements of an offense designated by a law of this state as a felony; or
    (3) is punishable by confinement for one year or more in a penitentiary.
    (g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:
    (1) is not designated by a law of this state as a felony; and
    (2) does not contain all the elements of any offense designated by a law of this state as a felony.
    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 46.05 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 2001, 77th Leg., ch. 23, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 836, Sec. 4, eff. Sept. 1, 2003.
    Amended by:
    Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.24, eff. September 1, 2009.



    You ought to check the GCA 1968 as well. There may be language in there that applies.
    http://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap44.pdf
     
  3. dking

    dking New Member

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    Apr 3, 2013
    Houston Metro Area
    Thank you for you're response.

    However this does not answer my question. I was convicted of a Class B Misdemeanor over a year ago. When can I carry a loaded shotgun in my truck? (non visible of course).

    Once again, thank you for your reply.
     
  4. Eli

    Eli Well-Known

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    IIRC, you're fine. Don't plan on a CHL any time soon though.

    Eli
     
  5. Shotgun Jeremy

    Shotgun Jeremy TGT Addict

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    I just wanted to make sure you're clear on one minor thing here-if you're ok to legally own the shotgun, you're ok to openly carry it in your vehicle, fully loaded as well. Only pistols are required to be hidden.
     
  6. TXARGUY

    TXARGUY Famous Among Dozens Lifetime Member

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    Wildcat Thicket, Texas
    Convicted of a DWI over a year ago, can I keep a loaded shotgun in my truck? HE

    As others have said. You're good with owning and transporting your shotgun. Loaded, unloaded, visible or concealed.

    Since you didn't ask; Your DWI was likely a Class C Misdemeanor as long as it was not aggravated. You will be ineligible for a CHL for a period of five years after DATE OF CONVICTION, not the anniversary of your getting pulled over. I tell you this because I have a buddy who got arrested for DWI 6 years ago. His lawyer used every delay tactic in the book before he, the buddy, eventually got tired of all of the stress and agreed to plead guilty almost 2.5 years after his arrest. He thought he was good to go for his CHL because he thought it was 5 years from date of arrest and was surprised in a bad way to find out that he won't be eligible for a while longer.

    Anyway, I hope that your DWI was the eye opening experience you needed and I'm not going to lecture you because you probably already feel pretty shitty about your mistake.

    Oh, and welcome to the forum!
     
  7. Glockster69

    Glockster69 TGT Addict BANNED!!!

    Jul 1, 2011
    Deleted by me
     
  8. txinvestigator

    txinvestigator TGT Addict

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    1st offense DWI is a class B misdemeanor.
     
  9. txinvestigator

    txinvestigator TGT Addict

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    Yes, it does answer your question. She quoted the law that prohibits persons from possessing firearms. Read it and if it does not apply to your situation, you can posses your shotgun.
     
  10. TXARGUY

    TXARGUY Famous Among Dozens Lifetime Member

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    Wildcat Thicket, Texas
    Convicted of a DWI over a year ago, can I keep a loaded shotgun in my truck? HE

    You're right. I knew it was something like that.
     


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