If you're interested, here's the link to the post, with a heap of comments.
http://www.theothersideofkim.com/index. ... ngle/9605/
I'm adding a comment to Kim's thread letting him know that I'm posting this, so hopefully he'll stop by and join in the discussion.
Justin
Interesting Texas gun law question from Kim du Toit's blog
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from the thread.
Quite a few people have wondered about the advisability of allowing a felon to own guns; or whether there should be some kind of “grace� period wherein a felon may live the life of a law-abiding citizen, and then have his 2A rights restored.
Texas has a law which makes perfect sense to me:
Chapter 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.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person’s family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person’s release from confinement following conviction of the misdemeanor; or
(2) the date of the person’s release from community supervision following conviction of the misdemeanor.
So you essentially have five years to live a crime-free life, and then Texas says you can own a gun again (but only in your home, ie. for self-defense). Which all makes perfect sense, I think.
No doubt someone’s going to disagree with me about the above; but I have to say, five years is a long time—and if one has reformed one’s life, I think that’s a decent enough period of time to “prove� it.
What I’m curious about is whether, after the five-year period, a felon can take a gun to practice his shooting at a range, or to join a skeet club or whatever, because it strikes me that a gun without practice could be a dangerous thing.
TX Penal Code Title 10, Chapter 46.15 (b) 4. says:
Chapter 46.02 [carrying a firearm] does not apply to a person who:
is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is directly en route between the premises and the actor’s residence, if the weapon is a type commonly used in the activity;
So one must assume that if one is allowed to possess a firearm (even if a five-years-on ex-felon), one would be allowed to transport said gun to engage in hunting, fishing, or other sporting activities (such as target practice, sporting clays or whatever).
Kim is mistaken here. 46.15 exempts you from 46.02. A felon who takes his gun to the range is in violation of 46.04, which specifically prohibits the felon from being in possession of a firearm at ANY LOCATION other than his residence.
I'll tease Kim next time I see him at the range.
And regarding this;
On a slightly different topic, but still germane to the general thesis, is Chapter 46.15 (b) 8., which says:
Chapter 46.02 [carrying a firearm] does not apply to a person who:
holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises.
I think this means that a bartender with a CHL can carry a gun into a bar (assuming he’s on duty, of course). Question: is bartending classed as “supervising the operation�?
This section does not require a CHL. Normally a person cannot carry into a place that is 51% and sells for on-premise consumption. This section allows a person who is in a supervisory position to carry.
I would think that a bartender at a large club with several bartenders would not be applicable. I imagine a lone bartender at a small, 1 man operation would.
It is an interesting question.
Quite a few people have wondered about the advisability of allowing a felon to own guns; or whether there should be some kind of “grace� period wherein a felon may live the life of a law-abiding citizen, and then have his 2A rights restored.
Texas has a law which makes perfect sense to me:
Chapter 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.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person’s family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person’s release from confinement following conviction of the misdemeanor; or
(2) the date of the person’s release from community supervision following conviction of the misdemeanor.
So you essentially have five years to live a crime-free life, and then Texas says you can own a gun again (but only in your home, ie. for self-defense). Which all makes perfect sense, I think.
No doubt someone’s going to disagree with me about the above; but I have to say, five years is a long time—and if one has reformed one’s life, I think that’s a decent enough period of time to “prove� it.
What I’m curious about is whether, after the five-year period, a felon can take a gun to practice his shooting at a range, or to join a skeet club or whatever, because it strikes me that a gun without practice could be a dangerous thing.
TX Penal Code Title 10, Chapter 46.15 (b) 4. says:
Chapter 46.02 [carrying a firearm] does not apply to a person who:
is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is directly en route between the premises and the actor’s residence, if the weapon is a type commonly used in the activity;
So one must assume that if one is allowed to possess a firearm (even if a five-years-on ex-felon), one would be allowed to transport said gun to engage in hunting, fishing, or other sporting activities (such as target practice, sporting clays or whatever).
Kim is mistaken here. 46.15 exempts you from 46.02. A felon who takes his gun to the range is in violation of 46.04, which specifically prohibits the felon from being in possession of a firearm at ANY LOCATION other than his residence.
I'll tease Kim next time I see him at the range.
And regarding this;
On a slightly different topic, but still germane to the general thesis, is Chapter 46.15 (b) 8., which says:
Chapter 46.02 [carrying a firearm] does not apply to a person who:
holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises.
I think this means that a bartender with a CHL can carry a gun into a bar (assuming he’s on duty, of course). Question: is bartending classed as “supervising the operation�?
This section does not require a CHL. Normally a person cannot carry into a place that is 51% and sells for on-premise consumption. This section allows a person who is in a supervisory position to carry.
I would think that a bartender at a large club with several bartenders would not be applicable. I imagine a lone bartender at a small, 1 man operation would.
It is an interesting question.
*CHL Instructor*
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.
"Speed is Fine, but accuracy is final"- Bill Jordan
Remember those who died, remember those who killed them.