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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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Can a convicted felon in texas stay in the same house with

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Can a convicted felon in texas stay in the same house with his wife who owns a firearm. I am being told that this is against the law due to the felon being banned from guns for life due to his felony conviction?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 5 years ago.
thanks for the chance to assist

Because you are a convicted felon, while she has a right to possess a handgun, you cannot be in the same car or house with that gun. This happens frequently and the choice must be made. To prove constructive possession they merely have to prove your knowledge that it is present and that you could have access to it at any time. I have seen this happen many times where probation and parole does a home visit and finds a gun in the wife's things or even in a brother's room and still arrests the convicted felon just for being in the same house, or even car, with the weapon.


     
     
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Customer: replied 5 years ago.
Can you show me this in some sort of texas law writing or book?
Expert:  P. Simmons replied 5 years ago.
Actually, its federal law and state law that applies

Federal law

http://www4.law.cornell.edu/uscode/18/922.html

And TX law

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.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person's release from confinement following conviction of the misdemeanor; or
(2) the date of the person's release from community supervision following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.
(d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.



Note that while in TX after 5 years it seems you can own a gun, under federal law that does not apply and federal will trump state law.





P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26286
Experience: 16 yrs. of experience including criminal law.
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