There are always questions pertaining to felons possessing firearms. Many people may say that convicted felons and firearms are a bad combination and that it is one hundred percent unacceptable. They are entitled to have their own thoughts, feelings, and opinions about this legal matter. Truth is, it is not up to them and it has nothing to do with them. The choice belongs to the state of Texas.
According to the state of Texas, felons are allowed to posses a firearm in the home in which they reside in. They are only allowed to posses one after a certain amount of time. The time in which they may have a firearm is five years from the date his sentencing was thrown out and or discharged.If they are found to have a firearm before the five year period is up, they can then be charged with unlawful possession of a firearm because they violated and or broke they law. In terms of this law, it is considered legal by the state. This does not apply to federal law though. For example, if there was a raid of the premise by the FBI, the felon may then and can be charged and convicted under the federal statue and or law.
There are so many rules pertaining to felons and firearms in Texas. If a felon is with someone who carries a firearm legally, there is a large chance, that the felon can too be placed under arrest just because of their personal situation. For those who are wondering if there is a way for a felon to be allowed to possess a firearm places other than in their residence solely, the answer is “Yes”.
The way in which the felon can regain all rights to carry and posses a firearm lawfully, is by having a full and or complete pardon. The act of receiving a pardon, is more expensive and it is least likely to happen. There is a process that must be completed for anything of this nature to happen. There is an application that must be completed and mailed to the appropriate office and location to be looked at for review.
In terms of punishment for possessing a firearm ranges. The unlawful possession of a firearm is considered a third degree felony. Since it is a third degree, the punishment ranges from a minimum of two years to a maximum of ten years in prison. That time limit is based upon having only one prior conviction. The fine it carries may be up to ten thousand dollars.
When dealing with this as well as any other crimes, there should be proper representation. Most states and systems have public defenders to handle cases in which the individual can’t afford a lawyer. There are also Pro bono lawyers. These types of crimes and or offenses require care from those who are experts in dealing with these legal matters. The main goal is to make sure that everything will be looked at and handled accordingly and in its entirety.
There are some important things to remember when you want your case to make sure everything works in your favor.
As lawyers, they are bound by rules to keep things that are said to them private. Be upfront and don’t hesitate to tell them things. The more information that’s given, the more it may help the case.
* Avoid getting arrested in another situation that you can arrested for the same charge.
By getting arrested again on similar charges can or will be held against you and lessen your chance of being proven innocent.
By coming in contact with them, and trying to explain things or settle things may be looked at as trying to tamper with evidence and it can bring about more criminal charges.
Once the lawyers have all the information and all of the requested evidence, they can further purse the case. By taking into account the things mentioned, at some point there may actually be a change that charges may get dropped or dismissed due to lack of evidence, unproven or misleading information, or based on lack of enforcement training.
The best advice that can be given to residents and or felons of the state…. Make sure you follow all rules.