Latest news with #GunControl
Yahoo
06-06-2025
- Yahoo
Convicted felons can own firearms in Texas; here's how
The Brief Felons can own firearms in Texas under certain circumstances, but it remains federally illegal. Five years must pass after the completion of their sentence, and they are only permitted to have the gun in their residence. Defense attorney Anthony Osso answers FAQ's around the law and restrictions HOUSTON - In Texas, a convicted felon can legally own a firearm - with some restrictions. Here's what you need to know. Under Texas Penal Code §46.04, individuals convicted of a felony may legally possess a firearm at their home five years after completing their sentence, including any parole or probation period. The law only allows possession at the person's residence. The same rule applies to family violence convictions. Texas law prohibits gun possession for five years after a misdemeanor conviction involving family violence. After that period, state law technically allows home possession of a firearm. Not in one's car or place of business, only their residence. Despite the Texas law, federal law does not allow felons to own or possess firearms under any circumstances. The federal Gun Control Act of 1968 prohibits anyone convicted of a felony from possessing firearms, ammunition, or explosives. This applies regardless of state-level permissions and can lead to federal charges. "The likelihood of them actually being prosecuted is slim, but it's still a violation of federal law," said Houston criminal defense attorney Anthony Osso. "The only time you really see that is a search warrant or if the person was violating other federal laws." This extends to individuals convicted of misdemeanor domestic violence and to those subject to certain restraining or protective orders, as outlined by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Possession of a firearm is federally illegal under any circumstances for those convicted of these crimes. All firearms purchased through a federally licensed firearms dealer (FFL) — including at gun shows — require a background check through the FBI's National Instant Criminal Background Check System (NICS), in accordance with federal law (FBI NICS, ATF). So, those sellers are not allowed to sell firearms to anyone convicted of a felony under federal law. Private sales, however, are not subject to background checks under Texas law. Individuals buying from non-licensed sellers (including at gun shows or through personal exchanges) do not need to undergo a background check or register the firearm. "The felon is allowed to purchase the firearm from anyone who will sell [it] to them legally. The problem is that it's still a federal offense for someone to sell a firearm to a person who is prohibited from possessing a firearm under federal law. That's why you don't see Academy or other gun stores selling to felons," said Osso. The law only allows felons who meet the 5-year requirement to possess a firearm in their home, not their vehicle. "If you transport a gun from a store to your residence after purchase, while in the car you are committing felon in possession of a weapon," said Osso. Osso says it's important for anyone convicted of a felony to consult an attorney prior to attempting to purchase a firearm. The Source Texas Penal Code §46.04, Federal Gun Control Act of 1968 and attorney Anthony Osso
CBS News
17-05-2025
- Politics
- CBS News
Malcolm Kenyatta pushes back against claims made by David Hogg
Pennsylvania State Rep. and DNC Vice Chair Malcolm Kenyatta is pushing back against claims made by David Hogg, who is also a DNC vice chair. "David has a debate with reality and the facts, and so that's something he has to work through," Kenyatta told KDKA. The intraparty drama has to do with a vote a DNC committee recently took. They made a recommendation that there should be a new DNC vice chair election to be held due to a procedural error made during the last vote. If a new vote is taken and voters make different choices, either Hogg or Kenyatta could lose their positions as DNC vice chairs. Hogg, who gained national prominence for his gun control activism after he survived the Parkland school shooting in 2018, has argued the DNC is trying to oust him, saying it is "impossible to ignore the broader context of my work to reform the party which loomed large over this vote." Hogg has worked to make reforms to the party, and has drawn criticism for efforts to primary Democrats. Kenyatta told KDKA that while he's frustrated there will have to be another vote, he believes Hogg is wrong, pointing to the procedural issues with the vote. "These were not about my thoughts," Kenyatta said. "This is about the facts. So, you know, David doesn't have a debate with me, and I don't have a debate with David." Kenyatta said the drama within the party is distracting from issues the Democratic Party is trying to tackle, like making life better for Americans. "I want to be clear," Kenyatta said. "David is not a victim. Malcolm Kenyatta is not a victim. The only victim that we're not talking about because we're talking about this are the 14 million Americans that could lose their health care. People across this country are victims to the higher costs that are coming as a result of Donald Trump and Republican policies." The full DNC voting body still has to vote on the recommendation the committee made, Kenyatta said. "This challenge was filed in February after the election, and the reason it has taken so long is because in the Democratic Party, we actually do believe in due process," Kenyatta said. He pointed out that in the original vote, he had many more votes than he necessarily needed to become a vice chair in the first place. "When procedural issues like this happen, we all have a right to be frustrated," Kenyatta said. "We don't have a right to just create our own facts. We just don't."
Newsweek
02-05-2025
- Politics
- Newsweek
Fight Between Texas Republicans Spills Into Florida
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. A group supporting Texas Attorney General Ken Paxton's bid for fellow Republican John Cornyn's Senate seat is planning to air an advert in Palm Beach, Florida, over the weekend attacking the incumbent congressman, according to Axios. Newsweek contacted Cornyn and Paxton for comment, via email and online inquiry form respectively, on Friday outside regular office hours. Why It Matters In April, Paxton announced he was mounting a primary challenge against Cornyn, who has held the seat since 2002, setting up a high-stakes contest between two Texas Republican big hitters ahead of the 2026 midterm elections. Paxton has portrayed himself as the candidate aligned with Trump's Make America Great Again movement, vowing to "champion President Trump's legislative priorities." The contest offers a snapshot of grassroots Republican opinion in Texas, and a Paxton win could give the Democrats a shot at their first Texas Senate seat in 33 years, according to one poll. What To Know On Thursday, Axios reported that Preserving Texas, a pro-Paxton campaign group, was planning to air an attack ad over the weekend via Fox News, Newsmax and the Golf Channel. The advert is targeting Palm Beach, Florida, where Trump's Mar-a-Lago resort is located. The publication said the videos were being aimed at "an audience of one: President Trump." The attack ad allegedly criticizes Cornyn for backing a 2022 bipartisan gun safety bill that he helped negotiate, causing Trump to label the Senator a "RINO," which means Republican in name only. "As usual, President Trump was right," the ad says, per Axios. Senator John Cornyn, left, during a committee hearing at the Dirksen Senate Office Building in Washington, D.C., on January 15 and Texas Attorney General Ken Paxton outside the U.S. Supreme Court on November 1, 2021. Senator John Cornyn, left, during a committee hearing at the Dirksen Senate Office Building in Washington, D.C., on January 15 and Texas Attorney General Ken Paxton outside the U.S. Supreme Court on November 1, 2021. Kevin Dietsch/Drew Angerer/GETTY Citing "a person familiar with the buy," the publication said Preserving Texas was spending about $60,000 to air the video across the three networks. In 2022, as a response to Cornyn's support for a bipartisan gun safety bill, Trump wrote on Truth Social: "The deal on 'Gun Control' currently being structured and pushed in the Senate by the Radical Left Democrats, with the help of Mitch McConnell, RINO Senator John Cornyn of Texas, and others, will go down in history as the first step in the movement to TAKE YOUR GUNS AWAY." More recently, Cornyn has praised Trump over his efforts to achieve a ceasefire between Russia and Ukraine. The Texas Senate primary fight has already turned heated, with Cornyn calling Paxton "a con man and a fraud," while the attorney general previously said Cornyn was part of "the Bush wing of the GOP." In 2023, Paxton was acquitted by the Texas Senate of 16 articles of impeachment, including corruption, misusing official information and abusing his official capacity. What People Are Saying A spokesperson for Senator John Cornyn told Axios: "Corrupt Ken Paxton ordered up another mediocre campaign video that predictably lies about Senator Cornyn's long career of strongly supporting Second Amendment Rights. As an avid hunter himself, Senator Cornyn supports the constitutional right to carry and always has." While announcing his primary challenge in April, Texas Attorney General Ken Paxton told Laura Ingraham: "We have another great U.S. senator, Ted Cruz, and it's time we have another great senator that will actually stand up and fight for Republican values, fight for the values of the people of Texas, and also support Donald Trump in the areas that he's focused on in a very significant way. And that's what I plan on doing." What Happens Next The president has not endorsed Cornyn or Paxton in the primary battle. The general election for the Texas Senate seat is scheduled for November 3, 2026.
