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Frequently Asked Legal Questions

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55 views   |   1   |   Last updated on Jul 07, 2020    Guns Criminal Law

Section 46.04 of the Texas Penal Code makes it illegal for someone who was convicted of a felony to possess a firearm before five years have passed since the completion of their sentence, parole, or probation. Once the 5-year period has passed, they can only possess a firearm at their home. However, this statute does not define exactly what “possession” means.

When considering how this law affects your right to own a firearm if someone you live with has a felony conviction, you should consider the legal concept of “constructive possession”. This means that even if a person was not in direct control of something, if they knew it was there and had the ability to control it, it may qualify as legally possessing the object. For example, if your spouse knows that you keep your firearm in a safe and they know the combination to that safe, a court may find that they legally have possession of that firearm. This article from a law firm explains the concept in more detail.

Many factors may come into play when answering this question, and constructive possession is just one example. For advice on whether you can legally possess a firearm while living with someone who has been convicted of a felony, please consult with an attorney.

For more information on how a felony conviction can affect your right to possess a firearm, please see our FAQ on this topic.

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