does texas still have a law where a felon is automatically sentenced to 5 years in prison for possession of firearms, or ammunition? where i live a U.S. district judge is being patted on the back for putting felons in jail for 15 mos to 24 mos. one felon had been arrested twice, for possession of drugs, and 2 handguns, and ammunition. this is exactly why N.R.A. worked with the state, to pass a law to put these felons in jail for a least 5 years. this is called "operation time machine" and" project safe neighbors". these are drug dealers, who carry guns and kill people. they should get at least 5years.

There's a Federal law that prohibits (generally) possession of arms or ammunition by convicted felons. It has usually been the Feds to prosecute such cases. Like any case, it takes time and money and ties up the court to pursue.

It's still up the air whether such a law is constitutional or whether the basic Heller test of having a firearm in the home for protection would apply to felons as well.

Given that one can theoretically eat a felony conviction for things like recording an NFL game without the express written permission of the NFL, installing Excel on one too many computers, etc.... I don't per se support such endeavors as penalizing mere possession of arms and ammunition by any one.

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM BY FELON. (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) An offense under this section is a felony of the third degree.

Read it the way you want and understand it as best as one can.

I cannot say either way since I only testify in TX cases but this is the way the possession by a felon law is in the TX books.

In reference to the felon in possession of two handuguns... any chance one of them was a S&W 422?

A Detroit police officer was just killed by a felon convicted of multiple handgun offenses and was let loose. Don't know the whole story but the PD is PO'd (which seems too mild of an adjective) about the guy being out of jail.

in Louisiana it's 14:95.1
95-one carries 10-15 years in prison without benefit of parole, probation or suspension of sentence. They take that pretty serious down here.

__________________
Forum consigliere

The penalty is serious but it does not stop them from carrying.

Still get an absentee ballot and vote this Nov and in 2012??

There was a statute wherein if a gun was used in a crime that was five (5) years.

The Unlawful Possession of Firearm by a Felon is a third degree felony, and subject to the same discretion as any other felony conviction.

I have worked many UPFF cases when the knucklehead felon decides to pawn a firearm. I work the case and most of the time they get addtional probation, but the last one I had the knucklehead got two (2) in the pen.

__________________
I am a sheep dog!
1601 (ret)

My bro-in-law did his 5 years for Possession Of A Firearm By A Felon (Federal) after 3 for selling coke. Now he keeps a black power revolver very close. Seems it's actually legal!
Apparently there's ways around 'bout anything...

On edit: I bought a 686 at Robertson's Trading Post, here in TN, a few weeks ago and they have signs up that state that it is now 10 years and (IIRC) $200,000 fine for either possession or a firearm or ammunition by a felon - OR buying same for one.
Anyone know if that's a new Fed Law?

__________________
In dog years I'm dead.

Don't bet your lunch money on that.

Many people claim it is legal for felons because blackpowder does not require a Federal background check for purchase. Some felons have gone back to jail for carying a blackpowder pistol, right here in OK.

Few people would say Florida is not a gun friendly state. Some call it the "Gunshine State."

BUT, we have a 10-20-Life law involving the carrying, firing or shooting another in the course of most crimes (there's exceptions, but not really relevant to this thread).

AND, we have Chapter 790.23 which makes it a Second Degree Felony (punishable by up to 15 years) for possession of a firearm by a convicted felon OR someone under 24 years of age who has been adjudicated a delinquent by committing an act that would have been a felony of an adult had committed it.

I haven't seen anyone convicted of a felony for recording a football game or installing Excel, but I have prosecuted a lot of people for this offense who have committed other felonies, like rape, robbery, burglary, drug sales, grand theft, and other lovely acts and I don't feel one bit guilty about seeing them leave the Courtroom headed for the State Prison.

There's a way to get one's right to possess a firearm restored in Florida, even after a felony conviction. I've seen a number of people who, having been convicted, and not liking all the consequences of being a felon, start living right, being a productive person and having this right restored.

Sadly, most don't. They often continue in the same life-style till they get warehoused under our various career criminal statutes or some young police officer ends their life just as they were fixing to turn it around.

Bob

FWIW A Texas felon can possess a firearm 5 years after his/her time is served. Without any convictions during that 5 years of course.

Muzzle loaders are still firearms by definition (at least here in GA), so their possession by convicted felons is prohibited.

We charged quite a few convicted felons over the years in the process of checking hunting licenses,etc.. I never knew of one to serve time for it (always probation), and if there were other felonies involved the firearm possession charge was invariably the first to get tossed in a plea deal.

You have to wonder how effective it might be if it were actually enforced.