Originally posted by ELVIS
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Someone threatens to "punch you in the fu¢kin face"
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Originally posted by bcoop View PostThat is a loophole, but not the one I'm thinking of. IIRC, if it's a nonviolent crime, and no gun involved, after a certain amount of time has passed, you can petition and have it reviewed. You can't get a CHL though, and as far as actual possession of the weapon, it has to be on your personal, private property. The way the law is written, it's kind of open for interpretation with each officer, if a felon were to say, get stopped on the way to the gun range. I've discussed this with 03TruBlu before.
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Originally posted by The King View PostTexas law allows a felon to defend himself/herself with a firearm on his/her own property. The problem is federal law prohibits a felon from possessing said firearm, and federal law generally trumps state law.
See California/Denver marijuana laws.
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Originally posted by Silverback View PostFederal law only trumps state laws when the Fed prosecutes or enforces directly.
See California/Denver marijuana laws.
I do not see any reason why federal prosecutors would get involved in a case where a Texas resident defends themself on their own property, but there's always that possibility.
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To clarify - Texas state law:
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.
Shepperd v. State, 586 S.W.2d 500 (Tex. Crim. App. 1979) The statute prohibiting possession of firearms by a felon does not violate the Constitutional right to keep and bear arms.
Senters v. State, 648 S.W.2d 30 (Tex. App-Dallas 1983, pet ref’d, untimely) There is no moving defense to felon in possession of a firearm.
Nesbit v. State, 720 S.W.2d 888 (Tex. App-Austin 1986) A pickup truck will not qualify as premises where one lives.
Thomas v. State, 36 S.W.3d 709 (Tex. App.-Houston [1st District] 2001, pet. ref’d) Fact that pistol not operable is no defense under felon in possession of a firearm statute.
This statute was changed. Prior law prohibited possession of a firearm by a felon away from the premises where he lived by one who had been convicted of a felony involving violence to persons or property. Now the statute prohibits possession of a firearm by any felon at any location for five years after confinement, parole or supervision whichever is later, then away from the premises where he lives forever.
What people seem to forget is possession and purchase are two different things. A felon cannot purchase a firearm via the standard process. I see a lot of people differentiate state vs. federal. Well every 4473 you fill out for a new weapon is approved or declined by the ATF - the federal government. Of course that doesn't mean they can't do a FTF, but that does need to be clarified.
The real issue here is like mentioned above - Federal government says Felons cannot own firearms, period. State says otherwise. However, my knowledge of case law on this would lead me to believe that there is a good chance the state prosecutor would turn it over to a federal prosecutor. If a felon WANTS to possess a firearm after 5 years they have to file a "Application for Full Pardon," and "Application for Restoration of Firearm Rights." However, like I mentioned before, they are almost never approved. Citing state law is just theory. I bet you will not find a single person who is a felon and didn't get time for possession of a weapon, even after 5 years.
I've seen articles where felons were convicted of possession of a firearm even though it was a black powder muzzle loader manufactured before 1899. The ATF will tell you that the only firearm a felon can legally possess is a flintlock muzzle loader.Last edited by CJ; 10-05-2011, 03:46 PM."When the people find that they can vote themselves money, that will herald the end of the republic." -Benjamin Franklin
"A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury." -Alexander Fraser Tytler
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Originally posted by bcoop View PostBullshit! I took the kids to Pizza Inn one night, and Kenny was at the bev station filling up his drink. Two grotesquely obese hispanic women walked up, and pushed him out of the way, because they were too important to wait 30 seconds.
Did you inform them of your displeasure at this?
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Originally posted by mustangguy289 View PostLMAO, I have always wondered how far the gas will shoot out of a pump nozzle.Magnus, I am your father. You need to ask your mother about a man named Calvin Klein.
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Originally posted by bcoop View PostFuck you and your whore mother for trying to take away yet another right.
Originally posted by bcoop View PostAmericans have a Constitutional RIGHT to own firearms. Personality tests/inventories as a requirement infringes upon that right.
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Originally posted by SS Junk View PostCry loud and hard.
It's like dumbfucks chicken pecking away on a cell phone while driving and fully believe they are good drivers. Those dumbfucks who think it's an option to pull a firearm over verbal abuse should have their CHL revoked. Period. Cry some more.
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Originally posted by SS Junk View Post
It's like dumbfucks chicken pecking away on a cell phone while driving and fully believe they are good drivers. Those dumbfucks who think it's an option to pull a firearm over verbal abuse should have their CHL revoked. Period. Cry some more.
Mike - yes he is.Originally posted by BradMBut, just like condoms and women's rights, I don't believe in them.Originally posted by LeahIn other news: Brent's meat melts in your mouth.
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Originally posted by bcoop View PostYou act like someone came in and fucked you in the ass and never called you again. Lmao.
Special Steve,
Are you just upset because I never responded to your mental patient PM of you talking shit about your on again/off again relationship with Mike?Last edited by SS Junk; 10-06-2011, 05:36 AM.
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