Handling or screening for crazy students

[Feed&Guns]

If you don't know someone is a felon and he takes your class, and in the process he touches a gun, he broke the law. When the CHL gets processed his record will come to light and he'll be denied. I don't know what the DPS is actually doing, but since he had to shoot a gun to pass the class, he has essentially testified to breaking the law and it seems like the DPS should go arrest and charge him.

I know that it is illegal for a felon to purchase or own a gun, but I wouldn't think touching or shooting a gun would be illegal.

A felon can touch, own or shoot a gun under certain circumstances. A felon can own a firearm after 5 years of being done with his sentence or parole for home defense. The felon would have to get the gun through a private sale or gift and Im guessing have it delivered to his/her home

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.

Edited to change fish to gun.

That's Texas law.....as Mike S. pointed out above, they'd still be in violation of Federal Law.

Yup, just like all then shops that sale marijuana for medicinal purposes. Its legal in their state but still against federal law.

First, as far as me giving legal advice, I agree with my fellow FFLs that it's probably wiser just to say "call an attorney or Houston ATF". I was maybe walking too fine a line as far as stating "here's what the law says" as opposed to "here's some legal advice". I can read a statute to a guy without making it "advice", but probably better to err on the side of "fill out your 4473 and I'll run it...otherwise call your lawyer".

As for the "state law" vs "federal law", as California helpfully demonstrated, apparently the State police can say [abbreviated profanity deleted] to the feds and get away with it. So unless the FBI is talking to the ex-con who has a gun, I guess Texas State Troopers, Local LE, etc will just look a the 5 year thing. But, won't the felon bust the 4473 when buying a gun bc that goes through FBI NICS? So he can "have one" in Texas but not "buy one" at the LGS. Very interesting.

[VMI77]

If you don't know someone is a felon and he takes your class, and in the process he touches a gun, he broke the law. When the CHL gets processed his record will come to light and he'll be denied. I don't know what the DPS is actually doing, but since he had to shoot a gun to pass the class, he has essentially testified to breaking the law and it seems like the DPS should go arrest and charge him.

I know that it is illegal for a felon to purchase or own a gun, but I wouldn't think touching or shooting a gun would be illegal.

A felon can touch, own or shoot a gun under certain circumstances. A felon can own a firearm after 5 years of being done with his sentence or parole for home defense. The felon would have to get the gun through a private sale or gift and Im guessing have it delivered to his/her home

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.

Edited to change fish to gun.

That's Texas law.....as Mike S. pointed out above, they'd still be in violation of Federal Law.

Yup, just like all then shops that sale marijuana for medicinal purposes. Its legal in their state but still against federal law.

There are "sanctuary" cities too. It's a question of the Fed's will to enforce a given law. I favor nullification of Federal Law by the states, as Wyoming has done regarding certain elements of gun law. I think nullification will become increasingly necessary.