My husband received his LTC 4 years ago. He thought his one, non-violent crime felony, from long ago, was removed. Upon renewal, he was turned down. We are appealing. Can they take his guns? Can I (no felony) have guns in the house? Who can help with this?
4 Likes
One thing you want to make sure of is that Texas doesn’t have any laws concerning constructive possession.
5 Likes
Thank you. I will check this out.
4 Likes
I just completed the LTC Instructor course with the State of Texas.
This is a great question as we had this in class. I thought, if you were EVER convicted of a felony you could never carry a firearm.
In class it was said and put on the board that if you were a non-violent felon, that 5 years after you completed your sentence and/or 5 years after your probation you could own a firearm again.
I can’t find where this is in the TX PC but it was said and on the whiteboard. Fellow students even asked about it in class.
2 Likes
A follow up.
I have sent an email to my contact at Texas Department of Public Safety
Regulatory Services Division We’ll see what they say unless someone gets back to us/you first here.
1 Like
Well, that’s wrong. His letter from the state handgun license program July 2020 says his license renewal is ineligible based on criteria that you cannot have been convicted of (any) felony. His was Possession of Controlled Substance in 1994! 1994! No other charges anytime, anywhere. The handgun classes are vague and sometimes misleading about this. Otherwise, why was he allowed the license the first 4 years? We are waiting for appeal. I need an attorney proficient in these issues. It is also unclear to me about the details of even having a gun in our house. I am licensed. One attorney said yes if the guns are locked up and my husband cannot access them. One says no period. A story I heard says yes. I need clarity.
2 Likes
Yes! Get legal council for sure, and one that absolutely knows this type of law. The appeal window is very short.
As soon as I get a reply back from the state, I’ll let you know.
What part of Texas are you in? There is a really good 2A legal group in San Antonio LaHood/Norton.
3 Likes
Thank you! I just want to fix this problem the right way. I really appreciate the help!!!
2 Likes
We are in Dallas
2 Likes
Drats… this is not the answer I was hoping to get from them.
We can’t really say if they would eligible or not. RSD does not prescreen applications. All they can really do is submit an application and documents and see what happens.
Regards,
Regulatory Services Division.
2 Likes
I’d still try LaHood.
He also has a radio show every Saturday morning on WOAI.
He seems very logical about accessing and commenting on current events and firearms issues.
2 Likes
If Texas has constructive possession laws you as a licensed holder can have them in the house. The problem is if Texas has constructive possession laws, your husband can’t be there because even if you have them locked in a safe it is assumed that your husband has constructive possession of the guns.
Are you a member of the USCCA, if so I would try to find an attorney familiar with Texas law. May cost a bit but it’s better than rolling the dice on your husband’s freedom.
1 Like
Well thank you anyway. I’m not even sure what that means. Take a class and start again? We’ll still try the appeal route I think. We are waiting to hear of a court date. Thank you.
1 Like
@Rhonda3. Welcome to the family, train hard and stay safe 
According to what I’ve read in Texas if you have a non-violent felony on your recorder you must wait 5 years after the last punishment sentence is completed. Then you can own a gun. Not sure about ever being allowed to carry CC.
In Texas, if your felony is deferred, you have to wait 10 years from “conviction” to qualify for an LTC. You can apply before then, but will get rejected. As for other circumstances, I would get an attorney. Attached is an exerpt from section 46.04 of the Texas penal code.
Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM.
(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
Federal law, 18 U.S. Code 922(g), says: Federal law prohibits anyone who has been convicted of a crime punishable by imprisonment for a term longer than a year from possessing a firearm or ammunition.
Fizbin is correct on the appeal window, the sooner the better.
1 Like