Hurley's Gold

Texas Penal Code 46.4

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  • Blue Dog

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    Nov 28, 2008
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    I have a question? Back in 1978,I was caught with a handgun in a bar. Not causing no trouble just had it in my back pocket. Spent one night in Bexar county jail. Plead guilty to 3rd degree felony. Received 3 yrs. probation and $500 fine. Kept my nose clean since then. I know what I did was very stupid! I am still paying for that one mistake. You don't know what you're missing until it gone(My gun Rights). My question is can I have a gun in my house for protection. I'm looking at Texas Penal Code 46.4. If I read it correctly I can have one in my house only.

    § 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.

    P.S. I ran my name thru "Texas Department of Public Safety - Crime Records Service" and it came up negative.
    Capitol Armory ad
     

    sharky47

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    May 4, 2008
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    I have always found it curious that some citizens are considered to be "more equal" that others......it will be interesting to see the backlash of pro-gun people against laws that prohibit felons from owning firearms as the definition of felon creeps ever outward in this police state.

    Blue dog, I live right around the corner from Bexar county and had the unfortunate experience to watch officers arrest my friend on PRIVATE PROPERTY shooting a .17 M2 into a properly constructed berm after a neighbor complained of hearing gunshots. This is out in the country, they charged him with "deadly conduct".......a felony.......he only was able to clear his name and get his rifle back after a couple years of legal hoop-jumping. Good thing he had a close friend that was a lawyer, never would have been able to afford it outright. The indignation of being cuffed and thrown in a cop car for exercising is constitutionally afforded rights is beyond words. Ever since then I have had nothing good to say about these gang members masquerading as "civil servants".....
     

    Texan2

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    Nov 8, 2008
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    "Ever since then I have had nothing good to say about these gang members masquerading as "civil servants"....."

    and yet we would still come to protect you if called upon to do so.

    you preach and call other people narrow minded, and yet you lump people in the groups you want them in while railing against others that do the same thing.
     

    Texan2

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    there are legal aid groups in most big cities...or i'm sure sharky could hook you up with someone who could twist your conviction into somehow being the cops fault.
     

    txinvestigator

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    May 28, 2008
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    Ft Worth, TX
    I have always found it curious that some citizens are considered to be "more equal" that others......it will be interesting to see the backlash of pro-gun people against laws that prohibit felons from owning firearms as the definition of felon creeps ever outward in this police state.

    Blue dog, I live right around the corner from Bexar county and had the unfortunate experience to watch officers arrest my friend on PRIVATE PROPERTY shooting a .17 M2 into a properly constructed berm after a neighbor complained of hearing gunshots. This is out in the country, they charged him with "deadly conduct".......a felony.......he only was able to clear his name and get his rifle back after a couple years of legal hoop-jumping. Good thing he had a close friend that was a lawyer, never would have been able to afford it outright. The indignation of being cuffed and thrown in a cop car for exercising is constitutionally afforded rights is beyond words. Ever since then I have had nothing good to say about these gang members masquerading as "civil servants".....



    For crying out loud. How in hell does this relate to the OPs question?

    Cops Suck.com is that way >>>>>>>>>>>>>>>>>>>>>>>>>
     

    sharky47

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    May 4, 2008
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    "and yet we would still come to protect you if called upon to do so."

    Not sure if I would want to call police at this point, even if I did "need" them. Friend I graduated college a few years ago called me to tell me about a little incident two weeks ago. Seems someone two streets over called the Plano PD while hiding in a closet to report an intruder in their home. This was late in the eveing BTW, police arrive at my friend's house to "help". Friends wife answers the door, but does NOT unlatch the chain the prevents the door from fully opening. Cops barge in even after being informed that they were at the wrong address, that there was no intruder here, and that they certainly did not have permission to enter private property.

    They broke both the screen door, and the latch chain/mounting bracket to get into the front of the house. Meanwhile, more officers enter through the back yard - taser one of their two labs, but the dog "took" the taser from the officer and damaged it.

    Meanwhile the person that did actually request help is still hiding the the closet hoping help comes soon.

    My friend and his wife were going to drop the issue until the Plano PD sent them a bill for the taser their dog had destroyed in self defense. She is a docter at a local hospital in Dallas and fortunatly is friends with more than one lawyer - several of them are doing some pro-bono work for her and have filed both criminal trespass and a civil suite to recover damage to their home.


    No sir, I do NOT lump all cops in the "bad" group nor do I call people narrow-minded. I have based my opinion on the Bexar cops on two things - how many times I have seen them help myself or my friends, and how many times they have hurt myself or my friends. So far it's more of the latter. I do have mostly good things to say about our local PD, in fact I have help by playing the part of Opfor in on-site simunitions training for both the PD and SOU units. Our local PD chief as also be very helpful in signing NFA transfer forms as well as providing police escort when my boss moves his Sherman tank from the shop to the museum.
     

    Texan2

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    i had an attorney tell me today about working to expunge a 10 year old DWI conviction. you sure about that???

    not up on the expungement issue...never had to worry about it
     

    txinvestigator

    TGT Addict
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    May 28, 2008
    14,204
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    Ft Worth, TX
    I have a question? Back in 1978,I was caught with a handgun in a bar. Not causing no trouble just had it in my back pocket. Spent one night in Bexar county jail. Plead guilty to 3rd degree felony. Received 3 yrs. probation and $500 fine. Kept my nose clean since then. I know what I did was very stupid! I am still paying for that one mistake. You don't know what you're missing until it gone(My gun Rights). My question is can I have a gun in my house for protection. I'm looking at Texas Penal Code 46.4. If I read it correctly I can have one in my house only.

    § 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.

    P.S. I ran my name thru "Texas Department of Public Safety - Crime Records Service" and it came up negative.

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

    sharky47

    Active Member
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    May 4, 2008
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    "It has been over 5 years and under Texas law you can have firearms in your home."

    That is interesting to know, I was under the impression that a felony meant no guns ever, end of story.
     

    Blue Dog

    Member
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    Nov 28, 2008
    56
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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.
    Thank You! Sir!,Even though I have a felony I'm still a law abiding. Do not want to get another felony. Once was enough!!
     

    txinvestigator

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    May 28, 2008
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    i had an attorney tell me today about working to expunge a 10 year old DWI conviction. you sure about that???

    not up on the expungement issue...never had to worry about it

    Texas Code of Criminal Procedure
    Art. 55.01. RIGHT TO EXPUNCTION. (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:(1) the person is tried for the offense for which the person was arrested and is:(A) acquitted by the trial court, except as provided by Subsection (c) of this section; or(B) convicted and subsequently pardoned; or(2) each of the following conditions exist:(A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:(i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or(ii) the court finds that the indictment or information was dismissed or quashed because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;(B) the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and(C) the person has not been convicted of a felony in the five years preceding the date of the arrest.(a-1) Notwithstanding Subsection (a)(2)(C), a person's conviction of a felony in the five years preceding the date of the arrest does not affect the person's entitlement to expunction for purposes of an ex parte petition filed on behalf of the person by the director of the Department of Public Safety under Section 2(e), Article 55.02.(b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:(1) tried for the offense for which the person was arrested;(2) convicted of the offense; and(3) acquitted by the court of criminal appeals.(c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.(d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if:(1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement; and(2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information.

    CODE OF CRIMINAL PROCEDUREÂ*Â* CHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS
     

    Texan2

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    Nov 8, 2008
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    "It has been over 5 years and under Texas law you can have firearms in your home."

    That is interesting to know, I was under the impression that a felony meant no guns ever, end of story.

    seems you are mistaken about a great many things....
    dont believe everything you read on the internet.....
    interesting how when the local PD is assist you, police are ok with them, but when they are not doing something you approve of, they are crooked....
     
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