Texas gun law, can a felon own a gun after 5 years of no criminal record?
If so does this over ride federal law?
If so does this over ride federal law?
A better way to explain the law as I was told by a Texas Police Officer is that the gun can be kept in the home for protection only. And the 5 year period is after released from parole, and in the 5 years from that there must be NO charges of any sort..
Yes, this is true. I do not believe that a felon would be able to purchase a weapon, due to federal law. However, the Texas Penal Code does allow a felon to have a weapon in the home for self defense only, after five years. And, as the officer told you, that means a full five years after release from any and all punishment, including parole or probation.
Here is what is says in Chapter 46 of the Penal Code
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.
Edit: Lov4nzyx2, that was a good link you posted there. The part where it refers to section 22.01 of the Penal Code is the statute for assault. When it is assault/family violence (assaulting a member of your household or family member) that also disqualifies you for owning a weapon for five years.