Texas-Book-Gun Law Armed And Educated - Flipbook - Page 114
prohibitions on the possession of firearms. These prohibitions on
possession are specifically found in Section 46.04 of the Penal
Code and include:
1) persons convicted of a felony until after the fifth anniversary
of the person’s release from confinement, supervision under
community supervision, parole, or mandatory supervision—
whichever date is later; and after the time expires, it cannot be
possessed in any other place than the person’s home;
2) persons convicted of domestic or family violence punishable
as a Class A misdemeanor before the fifth anniversary of the
later of the date of the person’s release from confinement, or
the date of release from community supervision following the
conviction of the misdemeanor;
3) persons (other than law enforcement officers) who are subject to
a domestic protective order, have received notice of the order,
and before the expiration of the order; or
4) persons who are members of a criminal street gang, as defined by
Texas Penal Code Section 71.01, and intentionally, knowingly,
or recklessly carry on or about their person a handgun in a motor
vehicle or watercraft.
Note: even though a person may not be disqualified from possession
of a firearm under state law, that person may nevertheless still be
disqualified to possess a firearm under federal law.
EXAMPLE:
Richard was convicted of a state crime Class A misdemeanor
involving family violence in 1992. He has a Smith & Wesson .357
Magnum in his nightstand for self-defense.
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