Felony Conviction / Firearm question.

Don't know if this helps you:
Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM BY FELON. (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) An offense under this section is a felony of the third degree.

 

Dave, blood really is thicker than water. The best thing you can do is to be honest with your cousin and let him know that he has people who care about him. My guess is that he has been a screw up for a while, and life lately has not been all that good. So please don't make matters worst by rejecting him. Be honest and tell him what he needs to hear. But show him some love. It might be his last chance.

Dale

 

I'm not a lawyer. I don't even play one on TV.

However, I think that your family should do what they have always done. If this is a hunting trip, you should bring your guns.

The possession, I imagine, is on him and not you.

Indeed, if there is a jury in Texas who would find otherwise, then it is time to leave.

Dale

 

It's said that possession is 9/10 of the law. So, if he rides in the back of the truck with the dogs, while the dog's anus is in his face, the onus in on the Texas Lawman to show udderwise while you folks are in the cab doin' your "Honest Occifer, ºhicº our guns ain't loaded, we are" mea culpa pleadin' with fifths in your hands, to which the Occifer will have no choice but to say, "allrighty then."

 

What happens on the ranch happens, it's on your property....Although, I've had game wardens(friends of the family) just come visit randomly. My family members would respect the fact that I'd be trying to keep them out of trouble and not contribute to any problems. I'd personally let them finish their probation or whatever the judgement was. He could still go on the trip, but I'd definately make it clear that he would be clearly responsible. I don't know of the implications it cold have on the others around though as I haven't dealt with this personally:

Definition of Possession

§ 1.07. DEFINITIONS.

(a) In this code:

(39) "Possession" means actual care, custody, control, or management.

Also, how long ago was it that he was "convicted?"

 

You may want to check www.thehighroad.org there is a legal section and I'm sure this has come up before.

I would not let a convicted felon ride in my vehicle if there is a firearm in it. I don't need someone trying to charge me for providing a felon with one and wouldn't want that person getting in trouble for something he didn't try to do.

 

Yer in TEXAS, dang it.

What was the question?

 

http://www.thehighroad.org/showthread.php?t=240800

 

Man. That reminds me of the time I was with a friend in Seattle, we went up to a suburb on Puget Sound to visit his family; he had one of those little 2 foot mini fishing rods in his trunk, so we went to a pier at the [ocean] and threw a line in with a piece of food from our lunch on it. A few little 4-6" fish were hanging around it. Wasn't like we could haul a salmon in with this kit.

We were there for maybe 5 minutes before a Ranger came and kicked us off the pier because we didn't have a fishing license. Was like getting into trouble for no pilot's license when flying a kite.

 

I suppose you never mentioned THAT incident in your application to law school.

 

I don't know this for certain, so take my thoughts with a grain of salt. In my opinion, you and your cousin should be fine going on this hunting trip together as long as your cousin doesn't handle any of the firearms. Since all firearms present will be legally registered to people that are present, I can't see any way that your cousin could get nailed for unlawful possession. It is reasonable to assume that possession stays with the registered owner of the gun, as long as that person is present. You will also have a hunting license to prove that you have the gun in your possession to go on a hunting trip. I'm fairly certain that your cousin won't be able to buy a hunting license as a convicted felon, so that should help show that he has no ties to the firearms and is just along for the ride/trip as a spectator.

If I was in your shoes, I would call the local conservation department and ask them.

 

Definately Snake....

 

Many states have no gun registration. My state, Louisiana, does not except for weapons covered under the NFA such as fully automatic and suppressed weapons.

I think it will depend on the officer and if he wants to make an issue of it.

 

FD, how often do you get pulled over? I mean, statistically, is this really an issue?

In addition, how often during said arrests does the officer ask "Are there any firearms in the vehicle? All convicted felons, raise your hand so I can take a count."

My $.02, if you're driving your car with him in it, there's no way they can claim he's in possession of any firearms you have in the trunk.