Felons and Gun Laws

[kaylee1999]

Hello all,

First time poster here and seek some clarification...preferably from a police officer or game warden if possible.

I am a felon (non-violent computer crime conviction from 17 years ago -- had to throw that in, can't stand the "felon" stigma).

I'm fully aware of Texas law as it reads regarding gun sales/ownership as it applies to felons...cannot possess a firearm "at any location other than the premises at which the person lives..."

But, I'm wondering how this applies to me hunting on my own property where I also have a residence?

This is acreage with a home which I own and frequently visit, but not my actual full-time residence.

Thanks

 

[cbigclarke]

To the best of my knowledge, you're only allowed black powder...But there will be twenty other people along shortly, to argue twenty other points

 

[Koinonia]

As far as I was aware, as a felon, you cant even posess munition, let alone a firearm anywhere, to include your home?

 

[Glockster69]

If it's legal for you to have firearms, my bet is it would only be legal at the permanent residence.

17 more points headed your way .. lol

 

[Acera]

IIRC the state allows a felon to possess a firearm on the premises where they live after a certain period of time (6 years???). However, federal law does not make the same provision, and that law may apply to you as well. Just because the state says it is ok, (kinda like the marijuana thing now) the federal law against it is still enforceable. Now one way is if you have had your civil rights restored, has a judge done that??


Your best bet is to consult an attorney.

 

[bones_708]

Per Texas Parks and Wildlife Felons may not use firearms to hunt not including muzzle loaders.

[h=3]Possession of Firearms by Felons[/h]A convicted felon, regardless of where the conviction occurred, may not possess or use a firearm (as defined by Penal Code, §46.01) to hunt in this state. Under Penal Code, §46.01, a muzzleloading firearm is lawful if it is an antique or curio firearm manufactured before 1899 or a replica of an antique or curio firearm manufactured before 1899 that does not use rimfire or centerfire ammunition.

 

[Eli]

As it stands, you're screwed by federal law, unless there's some loophole because you were a minor (by federal standards) when convicted.
How old are you now? Was your conviction here in Texas? Have you applied for a pardon?

Eli

 

[kaylee1999]

Thanks everyone for the replies so far. I'll try to address them.

@cbigclarke - Yes, felons can use blackpower anytime as long as it's a "replica" which most new blackpowder guns fall under, unless the barrel can be interchanged into a centerfire. ie. Thompson, etc. I use a CVA Optima when I deer hunt.

@Koinonia - Yes, technically felons are not supposed to purchase ammunition, but there is no background check on that. I purchase it all the time from Academy, Bass Pro, etc. along with my hunting license and so forth.

@Glockster69 - You came closest to what I am looking for as far as an answer. I'll rephrase the question at the end of this.

@Acera - It is 5 years here in Texas. 5 years from the date of your release from prison or probation. But yes, Federal law still restricts ownership forever. Catch-22 there in the laws.

@bones_708 - Correct, I am aware of that clause.

@Eli - Conviction was here in Texas. I was not a minor. I was 20 at the time, 37 now. Yes, I applied for a pardon a few years ago, but was denied. (I think I screwed myself on that the first time around, because I included some pics of me and Rick Perry together. Haha. I used to run a state-wide political organization which often put us in the same spot.) You have to wait 2 years before you can apply again. I'm actually in the process of doing that now. But even if you are granted a pardon by the governor, it doesn't give you back your right to possess firearms, you have to file an additional form after that which states that your right to possess will only be restored if you can prove that you need a firearm to survive.

So, to rephrase my initial question, I guess what I was wondering is how the law would hold up if the situation were to arise that I was questioned on my property. If for example I was hunting on my property where I had a residence. I don't really worry about it...knock on wood...I've been hunting for 25+ years (occasionally with a sheriff friend of mine) and have never been stopped/questioned by law enforcement or a game warden, and they'd have to have cause to come on my property anyway. This is really all just a hypothetical question regarding the wording of the law as it applies to the word "residence".

 

[cbigclarke]

15 more to go

 

[jrbfishn]

You can use archery, including crossbow. IIRC, firearm in your residence after 5 year anniversary of last day of oncarceration or mandated supervision. But you can't buy it or the ammo. Fed laws still apply, so be careful. Muzzle loaders, NO inline. Not invented before 1899. Must be an original or reproduction. No black powder either. Has to be a BP substitute. Pyrodex, triple 7, etc.. Good luck, and welcome.


Sent by a idjit coffeeholic

 

[vmax]

....So, to rephrase my initial question, I guess what I was wondering is how the law would hold up if the situation were to arise that I was questioned on my property. If for example I was hunting on my property where I had a residence. I don't really worry about it...knock on wood...I've been hunting for 25+ years (occasionally with a sheriff friend of mine) and have never been stopped/questioned by law enforcement or a game warden, and they'd have to have cause to come on my property anyway. This is really all just a hypothetical question regarding the wording of the law as it applies to the word "residence".

with that last statement ... to me... it almost seems like you are doing this anyway and have been for sometime. Then you ask a question almost as an afterthought. It's like folks who buy a new to them gun and then come here and post all sorts of questions about whether they got a good buy or not. I just don't know if I would have brought this information onto a public forum If I were you

I do wish you all the best as for getting your rights restored, I just could not imagine losing that as firearms are such a big part of my daily life

 

[Savage805]

... I purchase it all the time from Academy, Bass Pro, etc. along with my hunting license and so forth.

...I've been hunting for 25+ years (occasionally with a sheriff friend of mine)...

You openly admit breaking the law ??? So what you really want is to know if anyone here knows of a loophole you can use to justify your actions. Sorry can't help you.

 

[picker]

THE LAW ON GUNS AND FELONS

 

[Younggun]

Thanks everyone for the replies so far. I'll try to address them.

@cbigclarke - Yes, felons can use blackpower anytime as long as it's a "replica" which most new blackpowder guns fall under, unless the barrel can be interchanged into a centerfire. ie. Thompson, etc. I use a CVA Optima when I deer hunt.

@Koinonia - Yes, technically felons are not supposed to purchase ammunition, but there is no background check on that. I purchase it all the time from Academy, Bass Pro, etc. along with my hunting license and so forth.

@Glockster69 - You came closest to what I am looking for as far as an answer. I'll rephrase the question at the end of this.

@Acera - It is 5 years here in Texas. 5 years from the date of your release from prison or probation. But yes, Federal law still restricts ownership forever. Catch-22 there in the laws.

@bones_708 - Correct, I am aware of that clause.

@Eli - Conviction was here in Texas. I was not a minor. I was 20 at the time, 37 now. Yes, I applied for a pardon a few years ago, but was denied. (I think I screwed myself on that the first time around, because I included some pics of me and Rick Perry together. Haha. I used to run a state-wide political organization which often put us in the same spot.) You have to wait 2 years before you can apply again. I'm actually in the process of doing that now. But even if you are granted a pardon by the governor, it doesn't give you back your right to possess firearms, you have to file an additional form after that which states that your right to possess will only be restored if you can prove that you need a firearm to survive.

So, to rephrase my initial question, I guess what I was wondering is how the law would hold up if the situation were to arise that I was questioned on my property. If for example I was hunting on my property where I had a residence. I don't really worry about it...knock on wood...I've been hunting for 25+ years (occasionally with a sheriff friend of mine) and have never been stopped/questioned by law enforcement or a game warden, and they'd have to have cause to come on my property anyway. This is really all just a hypothetical question regarding the wording of the law as it applies to the word "residence".

A game warden can come on your property just about any time they want, especially if you are hunting. They have a lot of leeway.

I'm not up to date on that side of the law enough to say just which ones you are breaking, but it doesn't sound like you are legal. State probably won't enforce the fed law, but the game warden will most likely enforce whatever laws you are breaking. They don't tend to look past things.

 

[karlac]

You openly admit breaking the law ??? So what you really want is to know if anyone here knows of a loophole you can use to justify your actions. Sorry can't help you.

Be gentle now. Sounds to me like he simply asked about a specific legal definition of the word "residence" in a context which may well have already been decided by case law. A legitimate question considering that lawyers make a living parsing words and their meaning. The wisdom of doing so in a public forum can be left to a debate by the pious, but it is certainly becoming easier to become a lawbreaker under this overreaching government.

Rough justice in America: Too many laws, too many prisoners | The Economist

 

[Acera]

Yes, technically felons are not supposed to purchase ammunition, but there is no background check on that. I purchase it all the time from Academy, Bass Pro, etc. along with my hunting license and so forth.


I used to run a state-wide political organization.....................

So, to rephrase my initial question, I guess what I was wondering is how the law would hold up if the situation were to arise that I was questioned on my property. If for example I was hunting on my property where I had a residence. I don't really worry about it...knock on wood...I've been hunting for 25+ years (occasionally with a sheriff friend of mine) and have never been stopped/questioned by law enforcement or a game warden, and they'd have to have cause to come on my property anyway. ....................

Dude, you know the answers to your questions. Unfortunately you seem to be the type that enforces the prejudices many have against politicians. (Thanks for the tit bit about the Perry picture not getting you any special favors, warms my heart to know that many in our govt. are not corrupt.)

You are fully aware that you are doing wrong and are trying to justify your actions and figure out a way to get away with it. Obviously you did not learn from your prior mistakes.





Thanks for you interest in this forum, however I don't think many here will continue too assist you in your continued scheming to violate the law.








So Clarke, what is the count now???

 

[Wiliamr]

Not real bright to come on a public forum and admit to being a felon in possession and purchasing ammunition .

 

[mitchntx]

the pious

I was just thinking that reading some of the responses. Glass houses also come to mind.

I dare to say, at 20 most of us had done things for which we are not proud.

 

[picker]

Dude, you know the answers to your questions. Unfortunately you seem to be the type that enforces the prejudices many have against politicians. (Thanks for the tit bit about the Perry picture not getting you any special favors, warms my heart to know that many in our govt. are not corrupt.)

You are fully aware that you are doing wrong and are trying to justify your actions and figure out a way to get away with it. Obviously you did not learn from your prior mistakes.





Thanks for you interest in this forum, however I don't think many here will continue too assist you in your continued scheming to violate the law.








So Clarke, what is the count now???

You come across as a an pro Government cheer leader that will follow any laws be it unjust or not, folks like you aren't what made this country the greatest country on earth it is the folks that stand flat footed and are aware of an unjust law and lobby to change it.
Laws in the USA are entirely out of reality and if there is an individual more corrupt than a law maker I certainly haven't met them.
i think the OJ Simpson proved just how corrupt the justice system can be.
These damned special interests groups that lobby bought off politicians irk my ass.
I have a ranch in Deep South Texas and a couple smaller places in the Hill Country where I reside.
After a long hot day of working cattle in south Texas I used to enjoyed, stopping and filling up my pickup with gas and buying a bottle of beer, not any more I am deprived of that because some idiots lobbied the law makers and now we have the open container law, these blanket laws just don't work, all they do is keep the honest deprived and the un honest just ignore them.
Best. Regards. Jstout

 

[Mexican_Hippie]

While "hypothetical" this is not a smart post.

Still, I think the laws are ridiculous as-is. Not sure I'd follow them if I was in this guy's situation.

I get that you lose your rights while in prison, but either someone's paid their debt or they haven't. "Applying" for your rights when you get out is straight up big government bullshit.