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jrhickman2
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Posted: Wed Aug 19th, 2009 09:48 pm |
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| My sister in law's boy friend did 6 years in prison for drug charges I suppose. He has gotten into his head that it will be fine for his girlfriend to have a CHL & carry a loaded weapon around town in a vehicle while his girlfriend is present. I am pretty sure that would be against the law Can someone please fine tune my thinking with an answer
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HankT
State Researcher
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Posted: Wed Aug 19th, 2009 10:00 pm |
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jrhickman2 wrote: My sister in law's boy friend did 6 years in prison for drug charges I suppose.
What kind of drug charges? 6 years is a long time.
How many charges?
Any weapons involvement in the charges?
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jrhickman2
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Posted: Wed Aug 19th, 2009 10:07 pm |
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| I'm not sure of the details of his charges.
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HankT
State Researcher
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Posted: Wed Aug 19th, 2009 10:12 pm |
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jrhickman2 wrote: I'm not sure of the details of his charges.
Encourage your sister-in-law to stay away from that jabrone. He sounds like big trouble.
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jrhickman2
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Posted: Wed Aug 19th, 2009 11:07 pm |
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| He is, she doesn't listen to anyone, dysfunctional family. Bad thing is his mom is dating her Dad & they all live in the same house. Too much for me to comprehend. LOL
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KBCraig
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Posted: Thu Aug 20th, 2009 12:56 am |
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It's perfectly legal for her to have a gun. It's even legal for her to leave it unsecured around him.
What is not legal, is for him to be in an area where he knows there is an unsecured gun he can lay his hands on. That's called "constructive possession".
The restrictions are on him, not anyone else.
By the way, when it comes to felons, ammo is just the same as a firearm.
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SA-TX
Centurion Member
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Posted: Fri Aug 21st, 2009 06:13 am |
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KBCraig wrote: It's perfectly legal for her to have a gun. It's even legal for her to leave it unsecured around him.
What is not legal, is for him to be in an area where he knows there is an unsecured gun he can lay his hands on. That's called "constructive possession".
The restrictions are on him, not anyone else.
By the way, when it comes to felons, ammo is just the same as a firearm.
+1 I was just on jury duty a few weeks ago (not sworn onto the panel, however) where this was the charge (Unlawful Possession of a Weapon by a Felon or UPF as it is known). The prosecutor defined possession as "care, custody, or control". If he has has any of those things, he is in violation. Additionally, if he ever did use her weapon for an unlawful purpose, she might face federal charges. I don't have a citation for this at the moment but I believe it is forbidden to make available a firearm to someone whom you know to be ineligible to possess one under federal law.
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jrhickman2
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Posted: Fri Aug 21st, 2009 02:17 pm |
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| Thats more of the answer I was looking for, I'd like to find a defined law as I don't think there is a specific law on one in Texas. I'm pretty sure they can't be in a car knowing that their is a firearm on board.
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REDNECK
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Posted: Fri Oct 2nd, 2009 02:52 am |
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I DON'T BELIEVE HE IS SUPPOSED TO BE AROUND A FIREARM PERIOD. THIS MEANS EVEN A BB GUN. I HAD A FRIEND IN A SIMILAR SITUATION AND THE ONLY THING LIKE THAT HE COULD POSESS OR BE AROUND WAS A "COMPOUND BOW."
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Sonora Rebel
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Posted: Fri Oct 2nd, 2009 03:51 am |
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| If the sis-in-law has the weapon on her immediate person... no. But 'in the car' (unlocked) like a glove box could be construed as 'constructive possession' by a prohibited person. With all the 'good guys' runnin' loose... why would she hook up with this loser? Yeah... I've seen this before 'n it never ends well.
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jrhickman2
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Posted: Fri Oct 2nd, 2009 01:29 pm |
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| Females tend to always look for the Bad boy era, which always misfires in the end.
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SlackwareRobert
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Posted: Fri Oct 2nd, 2009 05:51 pm |
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Of course the poll is worded wrong. You could interpret the question
as the felon has the gun in the car which is clearly illegal.
But the real murky water is if she is a known parolee, just hasn't
been locked up for more than a year yet. But then it is hanging
around her, not the gun.
More headaches.... You are parked at a known make out location,
buttons on blouse not lined up, and they notice the bra holster.
Did you then have access to the gun? 
My permit bans booze, drugs, federal builds, etc. but nothing about
hanging with violent thugs.
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rodbender
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Posted: Fri Oct 2nd, 2009 10:06 pm |
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Actually, he can be around her all he wants. After 5 years from the date which he is released or is no longer on parole, probation, or any type of public supervision(whichever is later), he can even possess one in his home, but not anywhere else.
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.
Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;
(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;
(3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated;
(4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:
(A) the person's release from confinement following conviction of the felony; or
(B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;
Sec.46.06(4) does not mention anything other than sell to a felon. Sec.46.06(1) mentions any type of transfer because if you hand a known felon a firearm, you know he is going to use it in a crime, because his mere possession is a crime, and once you hand it to him, he is committing the crime.
Federal law not withstanding, above is Texas Penal Code.
Last edited on Fri Oct 2nd, 2009 10:08 pm by rodbender
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CommonMan101
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Posted: Sat Nov 7th, 2009 02:47 pm |
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Excellent post, rodbender. A citation was in order and you delivered.
Question A: jrhickman2 - You didn't mention how long since he's been out. Seems very relevant to this subject.
Question B: rodbender - If he is within 5 years of prison isn't it "constructive possesion" even if she has a gun in a safe at home he is spending the night at?
Comment regarding HankT's post: HAHAAHHAH Thanks for enlightening me about jabrone! I had to look it up. More than one definition but I like this one -
1. A friend, buddy.
2. A friendlier word for "idiot".
3. Someone that farts in the bathtub and then plays with the bubbles and sniffs the farts.
My first reaction was "What is she doing with such a guy in the first place?" Says a lot about her and my guess is she won't have the right to be armed at some point with her poor judgement. She doesn't seem to care much about taking care of herself when a guy like this is OK in her book. If her judgement is that bad it will show elsewhere too.
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rodbender
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Posted: Sat Nov 7th, 2009 10:37 pm |
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Answer B. Probably according to the JBT at BATFE, but obviously not according to Texas law.
See again:
(4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:
(A) the person's release from confinement following conviction of the felony; or
(B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony;
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CommonMan101
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Posted: Sun Nov 8th, 2009 01:55 am |
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This is why I ask. Not being a lawyer I never considered constructive possession to be about willful transfer. I thought it was about making a gun available because he knows where it is and doesn't need her to get it. Transfer seems to connote a more cut and dried scenario, to me, of willfully handing it over.
Thanks for the answer.
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rodbender
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Posted: Sun Nov 8th, 2009 04:55 pm |
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| REMINDER. I2ANAL. All I did was show Texas law, not federal law or BATFE regulation.
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jrhickman2
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Posted: Mon Nov 9th, 2009 04:11 pm |
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| He's been out about a year & a half
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Current time is 01:24 am | |
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