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Category: Criminal Law
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Experience:  30 years legal experience
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I am a convicted (3rd degree) felon-just the one felony DWI

Customer Question

I am a convicted (3rd degree) felon-just the one felony DWI 2004. I have been hearing a large # XXXXX conflicting information regarding my question. Single shot shotgun for home protection exclussively? A bean pellet gun? A taser? Having paroled to a relatively rough neighboorhood which is in my opinion 1) the norm and 2)a situation under which if one were trying to start afresh it might behoove him to want to try to accumulate a few possessions (such as this computer I just bought today) and Feel the right to have at least some chance to protect his things-some of which he may be able to better himself-educate or perhaps run a business from home. I am on disability which I was recently awarded and would just like to have a LEGAL means to protect my home possessions cat and self. I am in no physical shape to do any of these things at least till I have surgeries
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 3 years ago.
No, you have been hearing some pretty bad information if they are telling you that you can have any weapon as a convicted felon. The federal and state laws prohibit convicted felons from possessing any weapons. Texas defines dangerous weapons as even BB guns, pepper spray and knives. Thus, the only way you can get a weapon would be that you have to get a pardon with full restoration of rights from the governor's office.


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Customer: replied 3 years ago.
My understanding is now essentially that I can be victimized by any scumbag in the neighborhood who happens to pass by and see that I have a few nice things- my only recourse being to call the cops and hope for the best. Have I about got this right? Even pepper spray or a baseball bat used in defense of self or property by me (the convicted non-violent felon) would only create more legal troubles for myself? No I am not satisfied. My intention,however, is to pay the fee. I would like some more information, though. I would like some more options, perhaps contact with another expert. Also,should I ultimately end up paying the fee I would greatly appreciate the opportunity to use a different credit card as the info I gave was my mother's card and I have recently received one of my own.
Expert:  Law Educator, Esq. replied 3 years ago.
I never said a baseball bat was prohibited. I have given you what the State of Texas defines as "dangerous weapons" and the Texas law says convicted felons cannot possess a dangerous weapon. You don't have to like it, but that is the law and nobody put you in this position but yourself and that is where you should direct your anger. However,, I am going to opt out an maybe some other expert has more for you.

Edited by PaulMJD on 2/7/2011 at 1:30 PM EST
Expert:  LawTalk replied 3 years ago.

Good morning,

 

While I do empathize with your situation, your previous Expert was 100% correct. The law does not allow felons of any sort to possess dangerous weapons---for any reason.

 

If you are caught with one, it is a federal crime for which you can be imprisoned for 5 years or more, depending on your prior criminal history.

 

Because your previous expert was spot-on in his answer, you should, under the Terms of Service of JustAnswer, Accept the Answer provided you.

 

I wish you the best in 2011.

 

Doug

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