General Texas CHL questions.

chirodoc

New Member
Mar 13, 2009
8
1
Thinking of getting a CHL. I have nothing in my past to disqualify me but I have someone who lives in my home (relative) who does have a felony (non violent) record. Do the laws of being around a weapon affect this person IF I am the owner of record on the weapons? I am the CHL holder? What if this person HAS to use the weapon in self defense in a home invasion?

I know I'm not talking to lawyers (I think) here but as I understand it after 5 years of the punishment expiring Texas has no problem with it but the Feds don't care about Texas law and still have a no excuses "can't be in possession" of a firearm code. What does possession mean? Buying? Ownership? Or simply picking it up while a burglar/rapist is trying to kill and blowing them to Kingdom Come? Sure hate to think someone would get in trouble after cleaning up their life and living right just b/c they want to protect themselves or family. Anyone with stories or information?
 

JKTex

Well-Known
Mar 11, 2008
2,018
38
DFW, North Texas
A couple of thoughts. First, having a CHL only has to do with concealed carry, on your person, nothing else. It has nothing to with buying, owning or having one in your home, car etc.

As far as ownership, if you buy a hand or long gun through a dealer, there is a record of the sale, but no record of ownership. No registration, no document that says you are the owner.

I think possession refers to "on or about" or "in control of" as there is no ownership per se.

A felon is a felon and possessing a gun is possessing a gun, long or hand. I may be wrong, but while using a gun that is accessible to stop a violent crime is 2nd nature no matter what a persons criminal record is, a felon would become "in possession" regardless of the conditions of the possession unless possession was not in their control. Figure that one out.

Is it your home, shared ownership or someone elses? That may play a part?

I'm interested to see some other comments though.
 

txinvestigator

TGT Addict
May 28, 2008
14,119
113
Ft Worth, TX
Once again...Texas does not regulate "ownership" of weapons nor do any laws refer to ownership. Texas law regulates possession, carry, etc.

Here is the law affecting your roomate.

Texas Penal Code
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.

(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.
There is federal law too, and I don't know it.
 

JKTex

Well-Known
Mar 11, 2008
2,018
38
DFW, North Texas
Once again...Texas does not regulate "ownership" of weapons nor do any laws refer to ownership. Texas law regulates possession, carry, etc.

Here is the law affecting your roomate.

Texas Penal Code
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.

(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.
There is federal law too, and I don't know it.
Bingo, I guess that's the core of the answer to the question. I kind of remember that now.

Too many laws and complications......

So I suppose that means that it's cool. And your roommate can actually stop someone from killing him without violating his/her parole?
 

chirodoc

New Member
Mar 13, 2009
8
1
Thanks.

That's what I was looking for the EXCEPTION of one's domicile. However, the Feds (as I understand it) are still idiots and if a Fed Prosecutor was disposed could file charges anyway even if no state law was broken. :banghead:

Please if anyone has other Fed info I'd appreciate it. On one hand I understand people paying for their mistakes but on the other hand paying for some mistakes for the rest of your life or with your life just to remain "in compliance" with Federal law is absurd.

Thanks again.
 

chirodoc

New Member
Mar 13, 2009
8
1
Depends. Cash or check?

:)
 

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