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Texas Penal Code 46.4

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  • sharky47

    Active Member
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    May 4, 2008
    331
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    "seems you are mistaken about a great many things...."

    And not ashamed to admit when I am wrong - thing is, when I am wrong - innocent people don't get put in cages or die.


    "but when they are not doing something you approve of, they are crooked"

    I don't approve of ANYONE harming another when there is no crime, growing christmas trees in a rental house is not probable cause.


    "Guys, let's try to stay on topic please. Thanks!"
    EDIT - was typing this while you posted, sorry.
    ARJ Defense ad
     

    Brett G

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    Sep 28, 2008
    10
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    Seguin, Tx
    Blue Dog,

    You should be able to have a gun on the premises where you reside as long you meet the 5 year rule (release or parole). To be safe I'd contact the district attys office explain you situation and let them advise you. Or contact a lawyer... I'd go to the DA first. That said I would not be caught outside the curtlage of you residence with it even if you just purchased it and are taking it home. Another important question you should ask the DA is for her defination of "premises" as far as they are concerned (ie my whole property or just the residence proper).

    This is not specific legal advise just how a small county public servant thinks it should be.

    I.Y.A.A.Y.A.S ret
     

    Blue Dog

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    Nov 28, 2008
    56
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    Brett G, I did call the district attorneys office and spoke to an investigator who said I was able able to have a gun at my house "only". He also said that this is a state law,federal law well that's another matter. I could get in trouble with them.

    As far as my 3yr probation period that ended in 198? Can't remember the year.:banghead: Is that the same as release or parole?

    The main problem is gonna be getting a Handgun since I can't buy one under federal law but I can have one under state law.

    Any Ideals on how to get one?
     

    JKTex

    Well-Known
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    Mar 11, 2008
    2,011
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    DFW, North Texas
    The main problem is gonna be getting a Handgun since I can't buy one under federal law but I can have one under state law.

    Any Ideals on how to get one?

    Hmmmmm, to be able to possess one, you'd first have to be able to legally buy it. If you can't legally buy it, then you can't legally possess it, and you'd be committing a crime to buy it, likely then making it illegal to possess it.

    I think there's more to it, or you're getting something confused.
     

    Blue Dog

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    Nov 28, 2008
    56
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    There's nothing more or confused to be about.
    In Texas I can have a gun in my house even though I have a felony. Read:

    § 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.

    Is this what they mean by "Catch-22"?:confused:
     

    Blue Dog

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    Nov 28, 2008
    56
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    So be it. I'm Screw.:banghead:

    wiki: A no-win situation, also called a "lose-lose" situation or a "Catch-22", is one where a person has choices, but no choice leads to success.
     

    roy

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    Aug 12, 2008
    18
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    The circumstances of your arrest matter not. It has been over 5 years and under Texas law you can have firearms in your home.

    You need to check with the BATFE (Bureau of Alcohol, Tobacco, Firearms, and Explosives), Federal law may prohibit you from ever owning a cartridge firearm made after 1898 or any fixed metallic ammunition
    (cartridges) for firearms. Muzzleloading/cap and ball revolvers may be the best you can own under Federal law, the Gun Control Act of 1968 (GCA 68).
    Being legal under State law does not exempt you from federal law......
     

    txinvestigator

    TGT Addict
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    May 28, 2008
    14,204
    96
    Ft Worth, TX
    You need to check with the BATFE (Bureau of Alcohol, Tobacco, Firearms, and Explosives), Federal law may prohibit you from ever owning a cartridge firearm made after 1898 or any fixed metallic ammunition
    (cartridges) for firearms. Muzzleloading/cap and ball revolvers may be the best you can own under Federal law, the Gun Control Act of 1968 (GCA 68).
    Being legal under State law does not exempt you from federal law......

    I don't need to check anything. My information was SPECIFIC and accurate.
     

    Blue Dog

    Member
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    Nov 28, 2008
    56
    1
    You need to check with the BATFE (Bureau of Alcohol, Tobacco, Firearms, and Explosives), Federal law may prohibit you from ever owning a cartridge firearm made after 1898 or any fixed metallic ammunition
    (cartridges) for firearms. Muzzleloading/cap and ball revolvers may be the best you can own under Federal law, the Gun Control Act of 1968 (GCA 68).
    Being legal under State law does not exempt you from federal law......

    txinvestigator information was SPECIFIC and accurate. If you read my first post there is no mention of owning or buying a firearm. The question was "Can I have a gun in my house for protection''?
    So he gave me the right information.
     
    Every Day Man
    Tyrant

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