June 24, 2016

Asked 6/23/2016 – Weatherford, TX

I know a person who was convicted of a felony in the State of Texas on 02/05/2015. She is residing with her father and step-mother. Her father owns two pistols a rifle (look alike AR-15 single shot and at least one shotgun.
The shotgun is located by the backdoor (no locked case) in a common area. The .40 Glock is located in the Master Bedroom on the nightstand with the bullets in the nightstand. The rifle is in a case under the bed in the master bedroom (I believe locked).
She has access to all areas of the home including the Master Bedroom as her parents are not always there.

Answer

It is unlawful for a felon to POSSESS as firearm, not HAVE ACCESS TO a firearm. See Texas Penal Code Section 46.04. A convicted may live in a home where firearms are present as in the situation you describe. If, however, guns were in a home where no one else lived other than the felon, there may be more of a problem.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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