Texas CHL and a felon in the house...ideas?

Discussion in 'Texas Concealed Handgun (CHL)' started by chirodoc, Mar 30, 2009.

  1. chirodoc

    chirodoc New Member

    8
    0
    1
    Mar 13, 2009
    Okay, I apologize for posting on the same subject twice. I did receive good information last time but I'm still confused. In a nutshell I've got a relative in the home with a felony (non violent white collar (does it matter?) event) record. :headscratch:

    I get the discrepency in Fed law vs. State law. This is an old record and past the limitation guidelines of Texas law which isn't the problem but Fed law has no limitations. Basically, no possession of firearms or ammo for felons. There is no relief for this situation to restore rights but actually, this person has no desire to have those rights. It's me that has the issue.

    I basically just don't want to get anyone in trouble for me exercising my 2nd amendment rights and wanting to protect my home/family. Yes, I also do want to get my CHL because of some real life events that have scared the bejesus out of me.

    I'm just confused about that word "possess". Texas has no gun registration meaning no ownership so technically having the gun anywhere can be considered "possessable" so how do I do this? Is it considered non possessible if it's on my person (as in CHL in the car and in public) and at home in a gun safe? Or is it a no go no matter what at home since how does one prove somebody doesn't know the code to the safe?

    I know I can skirt the issue and just hide my stinking guns but I'm trying to obey the law here except it infringes on my rights. Anybody with a similar situation? Unless there is a life/death situation I don't forsee anyone knocking/breaking down my door with a search warrant either.

    The worst case is if someone invades our home and this person has a decision to obey the law or die. In this case obeying the law could mean die b/c they can't touch a gun. I guess it's gun or run.

    Anyhow am I endangering anyone "legally" by keeping the guns in a safe @ home? Or by me having "possession" with a CHL and the gun stays with me or on me at all times?

    If you actually follow the stupid law then if this person goes to Cabela's and picks a gun up off the rack they have broken the law. And if you have to stay away from where guns or ammo is located then they can't even shop at Walmart.

    Sorry for rambling but I can't be the only one with this dilemma and I'm trying to do the right thing but I just can't find any real clear information to follow. The only thing that seems clear is if you have someone in your house with a felony record then you have to live with their punishment. :bs:

    Do I have to sell my guns and live like I'm the felon?:332:
     


  2. txinvestigator

    txinvestigator TGT Addict

    12,984
    45
    48
    May 28, 2008
    Ft Worth, TX
    Possession means care, custody and control.
     
  3. JKTex

    JKTex Well-Known

    2,018
    0
    36
    Mar 11, 2008
    DFW, North Texas
    While you having a CHL has nothing to do with it, I thought tx answered the question clearly with quoted law last time? In that the restriction does not apply in their residence.

    Or did I misunderstand?? :headscratch:
     
  4. chirodoc

    chirodoc New Member

    8
    0
    1
    Mar 13, 2009
    JKtex. It was clear under Texas law but as I understood it Federal law was in direct contradiction to it. So do I assume as long as I'm in Texas no problem or is a situation like a simple traffic stop and the gun is locked up going to be a problem since they might be sitting in my car but it's my gun?

    I know I'm freaking out here but it just really ticks me off that the laws aren't more clear and just seem to be a mine field for people just to slip up unintentionally and then be in big trouble.

    Thanks for the clarification on "possession". That does help me understand that the responsibility is mine to make this as clear as mud but how does one prove control, etc.?

    I'm left wondering if it wasn't done this way on purpose this way just to give ATF or whomever the right to raid if they feel it's warranted. I've just read horror stories about people who had rights restored per the state and then get busted by ATF in various circumstances for felony possession for hunting rifles, etc. decades later in innocent circumstances.

    Anyway, thanks for the patience.
     
  5. smschulz

    smschulz Paid for CUT TGT Supporter

    512
    0
    16
    Apr 13, 2008
    Houston, Texas
    Yes it was a little on the rambling side but ~ IF you are asking can you have guns in the house where there is a felon? Short answer is NO. I heard on the radio where this question is asked and a very pro-gun prosecutor called in. The real problem would be for more the felon (not sure what if anything you could be charged with) and while it is possible for someone to have them locked in a safe with a non-felon having the combo ~ you would be on thin ice and would not recommend it. If it is your uncle ~ kick him out. If it is your wife ~ go live with your girlfriend and take your guns with you. Get the felon out of your house and keep the guns!

    PS if there are NO felons in the house then anything goes > just don't let your kids shoot somebody or themselves.

    :patriot:
     
  6. txinvestigator

    txinvestigator TGT Addict

    12,984
    45
    48
    May 28, 2008
    Ft Worth, TX
    I disagree with the above post.

    For the OP;

    Texas law reads that after 5 years from the date of conviction a felon is not in violation to possess a firearm in his residence.

    Why do you mention the car? If you and the felon are in a vehicle, Texas law still requires him to be in possession of the weapon to be in violation. If the handgun is on your person there is no violation. If it is in the glove box I could see an officer making a case for his possession.

    Under federal law a person convicted of a crime with a possible sentence of over 1 year cannot possess a firearm, and there is no exception for home possession.

    The law does not say he cannot be in a room, house or building where there is a firearm. It says he cannot posses one.

    And I just have to ask....what is your relationship to this felon? That relationship seems to be causing you much consternation.
     
  7. smschulz

    smschulz Paid for CUT TGT Supporter

    512
    0
    16
    Apr 13, 2008
    Houston, Texas
    I just mentioned what the prosecutor said on the radio. If you're a defense attorney then your argument is with him and the court. :gotme:
     
  8. chirodoc

    chirodoc New Member

    8
    0
    1
    Mar 13, 2009
    Look I'm just trying to be polite but I'm sure you can tell the relative is close, real close. I'm just not keen on putting everything on the net. I had a breakin at my house (garage 10 feet from my bedroom) and they robbed me blind of some expensive tools one night and it was very eye opening because somebody is always home alone during the week at different times. They left a lot but know it's still here. A few days later less than 2 miles away some guy got shot to death, same scenerio, when they broke into his garage. Anyway that started the home protection craze.

    At my job, I've had multiple gang murders w/i blocks and I've been approached 1 too many times asking for change. Sometimes getting off at night there are plenty of gang members just hanging around the gas station next door so CHL has become a priority for me.

    However, like I said, got some old baggage hanging around that puts me in a pickle. Protect my family or hurt my family. I'm not sure which is which in this case. It's been a long time and I'd rather just put the past behind but it seems to rear it's ugly head in the most unusual ways like in this case. How does one exercise their rights with someone who can't.

    It seems like I HAVE to get a CHL and be carrying if I'm in the car with them and want the gun around. If I'm reading right, I should take the guns with me in the vehicle when I leave for work and when I get home it's okay to have them at home in a safe b/c I'm in (that word) possession. Hope the BG waits until I can open the safe. Sounds easier if I just sell my guns and buy some dummy grenades at the gun show and throw them at the BG.

    In a nutshell, my family is on their own when they are on their own. No ways around it and if I want a gun it will have to be in a CHL carry situation and the gun will always have to be with me physically so I can substantiate that I am in full possession, even though at home that could still be aruged too but what a stupid friggin arguement. I'm only concerned if I ever have to use the darn thing what kind of holy heck am I getting into other than shooting a BG.

    Any other thoughts before I put this to rest? I really appreciate your experience and advice. I know it sounds like tough crap for the felon but it's not always an easy situation and to be honest there are a lot of people who shouldn't be armed that have misdemeanors.
     
  9. GM.Chief

    GM.Chief Well-Known

    1,451
    0
    36
    Mar 16, 2009
    Why does your handgun need to go in the safe at night? Are there small children or is the "felon" sleeping in your room? If it's on your person while your at home, you are in possession. If you're sleeping and it's nearby (i/e. a nightstand beside you) then the felon is still not in possession. You don't need to get rid of your guns just because you have someone living in your house. If I was a felon, my wife could (and would) still own a gun (and she'd get mine...lol). It's completely legal. Many gun owners have been arrested over the years, and now their wives have awesome gun collections.
     
  10. chirodoc

    chirodoc New Member

    8
    0
    1
    Mar 13, 2009
    I hear ya and I'm just satisfying my own conscience. I think I'm going overboard but it's good to hear peoples advice. I have found my own answers thanks to the info provided here. Although "legally" I can see where even the night stand example would/could get someone in trouble depending on what the LEO or prosecutor thinks.

    I fully agree with you but just would feel plum aweful knowing I caused problems b/c of my insistance on owning a gun.

    I have found some info on ex-felons getting gun rights restored or at least not prosecuted and man that took about two weeks to find on the net.
    http://www.hwylaw.com/CM/Articles/Articles88.asp

    Basically if someone can get the state to get rid of the charges at the state level: pardon, expungement etc. w/o any firearm restrictions then this wording in federal law makes the exception to the federal law, too. So long as 3 things are met. The link above explains that.

    Anyway, I think I should be fine as long as I follow the gun stays with me rule.

    Thanks again.
     

Share This Page