I am a legal gun owner, and recently married a man who is on parole for a felony DWI. We have had several burglaries in our neighborhood, as well as two attempted burglaries in our own home. If someone breaks into our home, may my husband use deadly force with MY gun, or do I have to be the one who stops the intruder?
It is unlawful, in almost all circumstances, under both Texas and federal law, for a person who has been convicted of a felony to possess a firearm. "Possession" includes "actual" possession, such as the holding or use of a firearm, as well as the "construction" possession, or what many might refer to as mere access to a firearm.
Thus, a parole officer or police officer who might happen to search a parolee's home would, in all likelihood, arrest (and a prosecutor would likely prosecute) a parolee for unlawful possession of a firearm if a firearm that a parolee had access to was found in the parolee's home, even if the firearm was lawfully owned and possessed by another member of the household.
In cases where a person who is prohibited to possess firearms, such as a person who has been convicted of a felony, uses a firearm in a justifiable self-defense shooting, it would not be unexpected for the prohibited person to not be prosecuted, or if prosecuted, to be found not-guilty, of assault or homicide, but to still be convicted of unlawful possession of a firearm.
Typically in these types of cases, a conviction for unlawful possession of a firearm is based on the felon's possession (actual or constructive) BEFORE the need to use deadly force actually arose or came into existence, rather than for possession of a firearm at the moment of the actual shooting.
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Attorney Dallas TX 75244
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Dallas, Texas 75244
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