Felon with a shotgun for home defense: Texas

As I have said before many times. The Prosecutor in this case has substantially over charged in this case taking a throw it all against the wall and see if they can make it stick. This is a common tactic when you have a weak case and you know you are going to lose multiple of the charges but you are hoping for Jury Fatigue so they will give you one charge at least to make it look like they did their due diligence.

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As another person has mentioned, neither air nor muzzle-loading black powder guns are considered firearms. If I were in his shoes, I would consider both a black powder revolver or a replica black powder double-barreled shot gun. One caveat, though – the black powder revolver I owned had a hair trigger. Yes, you need to manually cock the hammer, but once that is done firing inadvertently or if startled is a real possibility.

Moreover, if you think air guns are only toys, look at these:
[Seneca Dragon Claw II Dual Tank, .50 cal | Pre-charged pneumatic Air Rifle | Airgun Depot]

(Seneca Dragon Claw II Dual Tank, .50 cal | Pre-charged pneumatic Air Rifle | Airgun Depot)
Hatsan Blitz | Pre-charged pneumatic Air Rifle | Airgun Depot

Best Air Guns for Self Defense: The Good, The Bad, & The Must-Haves (patriotichunter.com)

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He can motion the court to have his judgement set aside. My son did it here in AZ and now can own and possess firearms including CCW permit

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Thanks, I found that document interesting, particularly the part about antique firearms (cap and ball).

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Welcome to the community @Russ13

Glad your son was able to get his rights restored.

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Agree with you.
Supposedly there are ways he can jump through the proper hoops and get his rights restored.

The other side of that equation is those that actually should be denied for life. They will always have access to firearms, just not legally. And they shouldn’t be turned loose on society in the first place.

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That is a too common practice in prosecutorial offices, throw a bunch of s _ _ t against the wall. Something is bound to stick. I know. I worked in CA courts for more than 20 years.

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I am not a lawyer, however, I worked in CA courts for more than 20 years and paid attention while I was so working. The organization whose website you are posting on has a list of attorneys who practice criminal defense law, focusing on use of a weapon in such defense. I would suggest reviewing that list for attorneys in the local where your friend lives and consulting one of them and paying the fee required. I can say nothing about Texas law, but I know in CA one can be declared “rehabilitated”. I don’t know what it takes to be so declared, but I know that it erases the felony conviction for state purposes. It takes a superior court judge to so declare one and while I suppose one skilled in law library research or on line research could make the application is pro per, I would strongly recommend consulting an attorney who has successfully and I would underscore and bold face “successfully” represented clients to a declaration of “rehabilitated” or the Texas equivalent of same.

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He CAN own a firearm five years after his release or parole has ended.

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Welcome Galena. We’re glad you found us.

Can you give reference to specific legal documentation supporting your claim? Please understand I am not trying to debunk your claim, but the individual in question has been denied through the local legal system because of his conviction and no one is willing to do any more leg work.

He has also been broken into twice since I posted this question.

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"A Newbie is here! A Newbie is Here!'—Steve Martin

What? He never said that? Well, damn he should’ve!
Welcome Gaaaaaaaaaa-Lena to the Fold Sister!

adonde nosotros vamos uno nosotros ir todo!!!
Nessun passo sul serpente

Galena: I would be more impressed with your response if you had said, “Texas Penal Code Section XXX states that . . .” Sorry, but someone just making a statement like yours really carries no weight. If you had said "I am a practicing criminal defense attorney in Texas and Texas Penal Code section XXX says “
 . .” I probably would not be writing this, even though I know that anyone can claim any expertise they want on line. So, to the OP, pay a lawyer to find out what Texas law actually say. After first ascertaining that the lawyer actually practices criminal defense law in Texas. The guy who drew up your will probably does no criminal defense work and his last exposure to the Texas Penal Code (or whatever Texas calls that section of their laws) was in law school in the course called Criminal Defense Work 101.

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