Posted: 7/17/2007 6:25:28 PM EDT
| Is it illegal in the state of Texas for a convicted felon to carry posess pepper spray? I had a discussion with a guy on the jobsite today. Can anybody quote the verbage ? |
And where does it say a convicted felon can have a gun at any time, let alone after 5 years. If and when you fill out a 4473 to purchase a gun, it asks you whether you are a convicted felon. Not were you a convicted felon over 5 years ago. |
| Long story short, i was talking to a guy aboput the hazards of the job. I have been bitten by dogs in the past while on the clock, the guy i was talking to started freaking out that pepper spray is not safe to carry, that too many people carry it illegal. Especially felons, and to my knowledge i have never heard of any law that states it is illegal for a felon to carry pepper spray. |
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found this in the answer to another question.... lotsa legal jargon, but it is here and 5 years is mentioned... this is taken from texas penal code PENAL CODE TITLE 10. OFFENSES AGAINST PUBLIC HEALTH,SAFETY, AND MORALS CHAPTER 46. WEAPONS...... ยง 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. (c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. (d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. (e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor. |
Ask a Criminal Lawyer....I am not one but I learned along time ago, it is cheaper to ask first rather than hire one later...The jails have alot of people in them from bad advice..People mean well and sometimes may be right but are you willing to risk it all on hear-say ??? Not saying any other posts are wrong just making a comment..Pike |
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The five-year issue falls under Texas STATE law (The Texas Penal Code). Felons are barred from firearm ownership for life under the Gun Control Act of 1968 (Federal Law). What this means is that a felon with a gun in his home may not be subject to prosecution under State law, but he may still be prosecuted under Federal law. I have never herd anything about the fellon / pepper spray issue. |
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The only contraband for felons I know of under Texas law are guns and body armor. Of course there is the in home exemption for felons already posted. Not to nit-pick, but felons are not barred from firearms ownership under Federal Law either. The prohibition is on a person: (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; Also, in the Small Case the SCOTUS ruled the term "Any Court" only means US courts. |
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I don't have an FFL anymore not since the 80s but back then a felon could apply to BATF for a waiver to purchase a firearm to keep on his property for hunting and home protection. He could answer the question that YES he was a convicted felon but if he had that form from the BATF he could still purchase the firearm and take it home. This was before any background checks and brady. I have heard that the BATF isn't issuing these anymore and some court cases have been filed because of it. I think the law still states they can apply and the BATF can issue them but they simply are not responding to the requests. I haven't had an FFL for a long time and don't know the current rule changes but they used to be able to buy them with that form. As a side note I think if they serve their time and we decide they should be let out then they should be able to buy them. That's just my 2 cents on it, either they have served their time or they have not which is it. |
I've noticed that you've posted some diparaging remarks about Baxley in the past and was wondering if he has caused harm to you in some specific manner. All Baxley is doing it trying to make a living doing something he truly enjoys to the extent he's allowed to; obviously the state doesn't feel he's a threat to society, so why don't you just leave the man be. |
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According to TPWD's regs, a convicted felon cannot use a firearm as defined by PC 46.01 to hunt, but can use a muzzleloader so long as it is a C&R pre-1899 not using centerfire or rimfire ammunition. For all those felons out there, you better make that first shot count, hope there are not multiple BG's, and practice your reloading skills. I guess that an alternative would be to have multiple muzzleloaders at the ready. 
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I think you're misreading the statute:
The key part of the statute is in the definition -- "other than a small chemical dispenser sold commercially for personal protection". Since I can walk into the local police supply house and purchase the Dog the Bounty Hunter bear mace, it's legal for me to possess. What they are trying to discourage with this statute is large-scale homemade devices, like jury-rigged fire extinguishers. Also, read the the portion -- "psychological or physiological" -- that's a pretty broad statement of effects, and could include devices that dispense noxious odors or even psychotropic substances. Jeremy |
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http://www.dallasobserver.com/1999-03-04/news/the-boy-scout-the-hustler-and-the-porn-queen/ A little reading about Len and his tale of woe. A pretty good instructor, and won the Int. IDPA a few years ago. I like to shoot at his place, and always seemed like a nice guy. I think he's still fighting the conviction. |
they do make a 6 shot 1858 style carbine that uses cap and ball style percussion. he would not need several guns with one of those. |
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