Legal Question in Criminal Law in Texas
gun rights
i was convicted of a felony offense [unathurised use of a moter vehicle] several years ago do i still have my gun rights?
1 Answer from Attorneys
Re: gun rights
Felon In Possession Of A Firearm.
If an individual is convicted of a felony, as opposed to a deferred adjudication, it is a felony offense to own or possess a fire arm. Such conduct is a felony offense under both Texas and Federal Law. Law enforcement has taken a very strict position on these offenses and will seek significant prison terms for those convicted of Felon in Possession of a Firearm. Section 46.04 of the Texas Penal Code makes it a felony offense if a person who has been convicted of a felony possesses a firearm after conviction and before the fifth anniversary of the persons release from confinement or release from community supervision, parole etc., whichever day is later. This means 5 years after any supervision has ended. The Federal statute, 18 U.S.C. 922, makes it a federal felony for a convicted felon to possess a firearm. This statute carries a significant punishment which, by office policy, the US Attorney�s Office will seek.
As always my best advice is to discuss this issue with your lawyer.
TEXAS CRIMINAL DEFENSE LAWYER
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