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Convicted felons can own firearms in Texas; here's how
Convicted felons can own firearms in Texas; here's how

Yahoo

time3 hours ago

  • 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

Texas Legislature passes landmark alcohol ID law inspired by grieving mother
Texas Legislature passes landmark alcohol ID law inspired by grieving mother

CBS News

time3 days ago

  • General
  • CBS News

Texas Legislature passes landmark alcohol ID law inspired by grieving mother

A bill requiring electronic ID readers at grocery and convenience stores that sell alcohol is now just a signature away from becoming law in Texas – a move being hailed as one of the most transformational changes to the state's liquor laws in three decades. A mother's mission begins Stephens family The legislation, which passed on the final full day of the 2025 session, was driven by Charlotte Stephens, a Richardson mother whose 18-year-old son, Deshawn, died in a 2022 car crash after purchasing alcohol without being asked for identification. "Amen. Right. It's unbelievable," Stephens said after learning the bill had passed. "Oh, he would be so proud. So proud. Yep. That's it. All the time. That is great." Three years of advocacy Stephens spent the past three years advocating for stricter alcohol sales enforcement. Her efforts culminated in Senate Bill 650, which mandates the use of electronic ID scanners to verify age at points of sale. "When the conference committee voted and passed this after the House of Representatives, after the Senate - I was just there. I mean, there's just no words," Stephens said. A tragic turning point Deshawn's death in April 2022 became a rallying point for reform. He had purchased alcohol from a Dallas convenience store without showing ID before crashing his car. "I'm begging you, do something," Stephens said in a previous plea to lawmakers. Her advocacy gained bipartisan support, including from Democratic State Sen. Royce West and Republican Lt. Gov. Dan Patrick. "We're sending a strong message," Patrick said. "If you're selling liquor, you need to be sure no 21 is buying it." Bill named for Deshawn The bill, named in honor of Deshawn, was among the final measures approved this session. "Just a heart full of gratitude, honestly," Stephens said. "Just a heart full of gratitude and appreciation." Lawmakers reflect on impact In a statement to CBS News Texas, West said: "I am gratified that SB 650 has passed into law. This bill's success was very much thanks to one determined mother who wanted to save lives after a tragedy befell her son." Work still continues While Stephens is celebrating the bill's passage, she says her work isn't done. "Tell her thank you for being an advocate for this particular bill," one supporter said. A mother's lasting grief Back home in Richardson, Stephens is surrounded by reminders of her son - and the cause she championed in his name. "Parents expect the garage door to go back up. They expect you to return home," she said. "And that didn't happen for me. And it's not okay. I want to be clear about that. It's not okay."

Texas Right to Repair bill passes, heads to the governor's desk
Texas Right to Repair bill passes, heads to the governor's desk

The Verge

time4 days ago

  • Business
  • The Verge

Texas Right to Repair bill passes, heads to the governor's desk

Texas moved closer to becoming the next state with a right to repair law on the books, as the state Senate unanimously voted 31 - 0 to finalize HB 2963 this weekend. It would require manufacturers to make spare parts, manuals, and necessary tools available for equipment sold or used in the country's second most populated state. As more states have passed right to repair laws, we've seen repair options and information becoming more widely available nationwide from companies like Apple and Samsung. If the bill is signed into law by Texas Governor Greg Abbott, that will add another significant market with these requirements in place. A press release from the United States Public Interest Research Group (PIRG), which has pushed for repairability laws nationwide, noted that this would make Texas the ninth state with a right to repair rule, and the seventh with a version that includes consumer electronics. It follows New York, Colorado, Minnesota, California, Oregon, Maine, and most recently, Washington, and would be the first state on the list with a Republican-controlled government. 'More repair means less waste. Texas produces some 621,000 tons of electronic waste per year, which creates an expensive and toxic mess. Now, thanks to this bipartisan win, Texans can fix that,' said Environment Texas executive director Luke Metzger.

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