Texas Gun Laws

[Texas1911]

Thank you, Sig_Fiend! I saw an H&K UMP 45 for the first time a couple of weeks ago, and fell in lust. Been dreaming about owning one since, but didn't think it was possible - even in semi - so never did the research. Now all I have to do, after finding one at a non-ridiculous price (which may not be possible), is do the homework and file the appropriate paperwork (not in that order, clearly). Can't think of a better home defense/zombie killer. You made my day!

All UMPs in civilian hands are semi-auto and started life as USC Carbines. The carbines you can pick up from HK for under $2K, and then convert them with UMP parts from HK. Be aware of 922r compliance though.

 

[Texas1911]

Why do you never hear of this?

Renumbered 9/1/94 from 46.05
Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM BY FELON. (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) An offense under this section is a felony of the third degree.

Not sure what you are trying to say.

 

[texdot]

I ran across this law while ramblimg through the Texas penal codes and I was curious if anyone has ever heard of it being used in a case.
Example: Has it ever held up against federal law in any case. I have asked about this a couple times for the last year or so but have
never run across an article about it.
Thanks.

 

[txinvestigator]

I ran across this law while ramblimg through the Texas penal codes and I was curious if anyone has ever heard of it being used in a case.
Example: Has it ever held up against federal law in any case. I have asked about this a couple times for the last year or so but have
never run across an article about it.
Thanks.

You are asking if anyone has ever been charged with felon in possession of a firearm? Why would it have to be "held up against federal law"? LOTS of people have been charged/convicted of that in Texas.

 

[Texas1911]

You are asking if anyone has ever been charged with felon in possession of a firearm? Why would it have to be "held up against federal law"? LOTS of people have been charged/convicted of that in Texas.

I think he is asking if the state law has been upheld against federal law since they differ. The GCA of 1968 states that you cannot possess a firearm if you've been convicted of a felony, whereas state law stipulates a 5 year probation period following the end of your sentence.

I've personally seen NICS approve felons that were past the 5 year period. However, the GCA states that it only prohibits crimes that weren't related to business practices.

 

[txinvestigator]

I think he is asking if the state law has been upheld against federal law since they differ. The GCA of 1968 states that you cannot possess a firearm if you've been convicted of a felony, whereas state law stipulates a 5 year probation period following the end of your sentence.

I've personally seen NICS approve felons that were past the 5 year period. However, the GCA states that it only prohibits crimes that weren't related to business practices.

State law allows a felon to posses a firearm after 5 years ONLY in his residence.

The laws don't conflict. Texas violations and federal violations are prosecuted seperately. For example, it is not a violation of Texas law to be unlawfully in this country and in Texas. The feds can prosecute, but Texas cannot.

 

[texdot]

Thank you. That's what I wanted to know.

 

[Texas1911]

The feds can prosecute, but Texas cannot.

So can local enforcement, since if I were to possess a double barrel shotgun that fired both barrels in a single trigger pull, it would not be a machine gun under Texas state law.

"(9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger."

Or an AR15, that fired 2 rounds per pull.

However, we both know better.

 

[texdot]

State law allows a felon to posses a firearm after 5 years ONLY in his residence.

The laws don't conflict. Texas violations and federal violations are prosecuted seperately. For example, it is not a violation of Texas law to be unlawfully in this country and in Texas. The feds can prosecute, but Texas cannot.

I have just wondered why you never hear anything about it being an issue in any instances.My BIL (non gun type) was asking my cousin ( a LEO)

about carrying a pistol in his truck and my cousin went through the routine of all the specifics and when he got to the felon part I chimed in

"except for in you home 5 years after everything is over" and he looked amazed that I would know of such a thing. No matter IMHO if they want

you they are gonna get you.State or federal you're a goner.

 

[txinvestigator]

So can local enforcement, since if I were to possess a double barrel shotgun that fired both barrels in a single trigger pull, it would not be a machine gun under Texas state law.

"(9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger."

Or an AR15, that fired 2 rounds per pull.

However, we both know better.

[/quote] Okaaayyyy.

 

[1911-A1]

If you are a felon...and meet/exceed the 5 year stipulation, by texas law you can possess a firearm.

Sec. 46.01. DEFINITIONS.
(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.

Now that you are legally able to possess one:
Sec. 46.15. NONAPPLICABILITY.
(B)(2) is traveling;
(B)(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;

SO...if you are travelling or going to/from (B)(3) criteria(hunting, fishing, range, etc. You can toss out ALL of Sec. 46.02

If you are NOT doing the above line a felon is now LEGALLY bound to obey and observe all of 46.02 and 46.03

Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm;

AH HAA! Since the felon meets the requirements he is no longer PROHIBITED from possessing a firearm.

 

[Bithabus]

If you are a felon...and meet/exceed the 5 year stipulation, by texas law you can possess a firearm.

Sec. 46.01. DEFINITIONS.
(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.

Now that you are legally able to possess one:
Sec. 46.15. NONAPPLICABILITY.
(B)(2) is traveling;
(B)(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity;

SO...if you are travelling or going to/from (B)(3) criteria(hunting, fishing, range, etc. You can toss out ALL of Sec. 46.02

If you are NOT doing the above line a felon is now LEGALLY bound to obey and observe all of 46.02 and 46.03

Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm;

AH HAA! Since the felon meets the requirements he is no longer PROHIBITED from possessing a firearm.

Felon can't have the gun outside of his residence, at all.

 

[1911-A1]

Ok...forgot to include this:

Sec. 46.04
(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.

So, I was convicted in KS for possession w/intent to sell Marijuana
weight: just under 2 ounces
KS sentenced me to 18 months in Prison.

Right now in Texas...which is where I live, it is considered a class A or B misdemeanor
To add a little more detail...I was 18...first offense...and as of today, my ONLY offense.

Fine, I made a mistake...I paid for it...harshly.

The law is still somewhat grey, though, on whether or not person/non-person has a difference
in the deff. of an EX felon possessing a Handgun.

I have a S.A. GI 1911-A1 .45 Mil-Spec. Nothing fancy.
I only leave the house with it when going to a gun range.

For ALL other felons (A Felony of TX), a "motor vehicle that is owned by the person or under the person's control" is an extension of your residence.
If it is a house, the property line is considered the residence.
There is NO argument for this because they wouldn't be able to move to another house without breaking the law.

The problem I have is with people who think felon means killer...drug lord...anti-Christ and god know what else.

I think there should be an amendment for individuals like me who said they are sorry and never friggin did it again.
(Come on...what people did in the 60's is now flooding the system with nonsense charges like mine.)
I tried to join a Police Force here...Farmers Branch I think...the officer said
"I'm sorry...you can't work for us. You know, had you been in texas, you would have had 6 months jail time and a year of probation."

Well shit...so since some OTHER state says Felony and you say Misdemeanor, I can't work for you....but I can own and effectively use
a firearm.
I am ex Army. Yes...I have an honorable discharge.

I can't ever get a CHL, so that means if some guy is robbing Quikie Mart at gun point and I (WILL) intervene
the simple fact of me getting out my car and getting my sidearm will land my ass in prison....hopefully AFTER they arrest him, all because
I helped uphold the law when no enforcement was present.
Sorry...been trying to live down a friggin plant since Dec. 22 of 2000...I'm sensitive about this because I will still protect this country from
all enemies, foreign AND domestic.

 

[Bithabus]

OK, so Texas doesn't consider you a felon for purposes of 46.04. I don't see how that is relevant to your original claim that felons can possess guns outside of the home, by State law.

 

[1911-A1]

Because your vehicle (by state law) is considered to be an extention of your home (Castle Law). So to and from home and vehicle.

Now...I will say...that I was thinking of me in my original post. Sorry, and on that note...I was at Bullet Trap today and asked
about my friends malfunctioning Semi-auto ak-47...He is required by law to have it fixed because he could get hit with negligence
of safety in the home if something happened. (My kids visit him)
So, (maybe it's an excuse) what then? As well, what about training and keeping in practice with said firearm?

Well...this is all I use it for....I don't ride around to stores and crap with it in the vehicle (perhaps en route to range and home)

I would like one thing clarified if you can....my bill of sale is 4 days ago ... notarized. If I keep this with the handgun and and texas
decides that possession of just a weed seed is 5 years prison...I am STILL good because of the
"(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:"
is "at the time the person possesses a firearm" the date of acquiring possession? Or the date I somehow screwed up and didn't know
the law changed and got screwed?

 

[Bithabus]

Because your vehicle (by state law) is considered to be an extention of your home (Castle Law).

No, it's not. And, 46.04 is clear:

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.

Now...I will say...that I was thinking of me in my original post. Sorry, and on that note...I was at Bullet Trap today and asked
about my friends malfunctioning Semi-auto ak-47...He is required by law to have it fixed because he could get hit with negligence
of safety in the home if something happened. (My kids visit him)

Huh?

I would like one thing clarified if you can....my bill of sale is 4 days ago ... notarized. If I keep this with the handgun and and texas
decides that possession of just a weed seed is 5 years prison...I am STILL good because of the
"(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:"
is "at the time the person possesses a firearm" the date of acquiring possession? Or the date I somehow screwed up and didn't know
the law changed and got screwed?

You posses the firearm every instant of every day, until you cease to possess it.

By the way, you are still violating Federal law by having that gun.

 

[1911-A1]

Oh well is about all I can think to say at this point

 

[Bithabus]

Oh well is about all I can think to say at this point

Welcome to the forum, btw.

 

[1911-A1]

Heh...glad to be here.

I say own...and possession as physical....you would think anyway.
This is great...so,
46.02 says you are unlawfully carrying a weapon if prohibited by law from possessing a firearm

then..in 46.04

UNLAWFUL POSSESSION OF FIREARM
(a) A person who has been convicted of a felony commits an offense if he possesses a firearm
after the period of 5 years at any location other than the premises at which the person lives.

46.15(b) then says
Section 46.02 does not apply to a person who1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 431.001, Government Code, or as a guard employed by a penal institution;(2) is traveling;(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence or motor vehicle, if the weapon is a type commonly used in the activity

So at this point...you can carry...but not possess.
Dumb shits

 

[1911-A1]

There should be a law stating you may ignore a law when it conflicts with itself