Gun laws and having a Record

[turbopaez]

Well my Brother-in-law was asking if there was and Exception to carry a gun in your car and having a record. He owns his own business, crimes where 10 or more years ago and the every thing I find talk about felons that have been in prison. He never served to prison time and I know he might be able to see a lawyer about this but he just wanted some info before he spends his money. 1 out of every 10 are carrying and half of them cant but like I told him what you do in life well be with you for ever.

[David]

If he has a felony he cant own or buy guns period. Whether he did jail time for it or not.

If the rest are misdemeanors, he's well past the required dates that would prevent him from purchasing a firearm. Granted everything is really 10yrs old or older.

[That_Is_My_El_Camino]

He can't carry one away from his home if he's been convicted of a felony:§ 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.

[turbopaez]

So he can have one at home and thats it? The only means of buying one would be from some one or gun show?

[That_Is_My_El_Camino]

So he can have one at home and thats it? The only means of buying one would be from some one or gun show?I don't believe he can buy one, either (legally, that is).

[propellerhead]

Having a felony sucks.

[David]

So he can have one at home and thats it? The only means of buying one would be from some one or gun show?
If he's a felon he cant own shit.

He can however petition the ATF for permission after due time. BUt they havent green lighted anyone in the past 20 years.

[futant]

He can't carry one away from his home if he's been convicted of a felony:


As long as it has been , I would suggest your buddy try to get his record expunged.
I'm not the best at interpretting law, but I believe if he did some kind of community supervision/ probation and completed it, 5 years later he could apply for expungement in front of a judge.

If his record is expunged, all rights are restored and I think there is even a provision now that could allow him to apply for a CHL.
I don't know if he would get it , but that would be his BEST route to be carrying a gun in his car and not getting in trouble.

Even with the new 'traveling' clarification, most counties DA's are still charging people with unlawful possesion , legal or not.

Funny isn't it, even the DA's don't follow the law now. They just assume your guilty and make you prove you are not in court. Innocent until proven guilty is just a joke now I suppose. Apparently this is the sad state of affairs . LAW gets passed , DA's don't care.

Personally I think they should charge the DA's that attempt to do this and throw them in jail for not upholding citizens rights according to the new description WRITTEN IN LAW clarifying what 'traveling' really is.

good luck , but first and foremost your buddy obviously sounds like he has a reason to protect his self.
The police and DA's don't care if you're a victim. According to their behavior, they only want to find a way to prosecute every one they possibly can.

[gspfunk]

He can't carry one away from his home if he's been convicted of a felony:That part of the law you quoted makes it sound like he can own a gun if it has been 5 years from the later of the 2 dates: when he was released from prison or when he finished his parole/community service/probation.

I'm sure there's more to the laws than that, but that's what I understood from that part.

[GE]

I thought you could own one after 5 years? :confused:

[David]

I thought you could own one after 5 years? :confused:
If you're a felon or convicted of misdemeanor Domestic Violence you're SOL.

Certain misdemeanors have time frames of when you can purchase and apply for firearm privliedges.

[GE]

If you're a felon or convicted of misdemeanor Domestic Violence you're SOL.

Certain misdemeanors have time frames of when you can purchase and apply for firearm privliedges.

But under Penal Code § 46.04 for UCW... from what I read... it looks like it's legal after the 5 year period... no?

[GE]

Eh, looks like there's conflicts between state and federal law.

[David]

Eh, looks like there's conflicts between state and federal law.
I was just about to post "federally they're restricted"

Texas also states possession and ownership of machineguns, silencers, DDs, SBRs, SBS, etc. is illegal. It's only a defense of prosecution if they're registered under the NFA of 1934.