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The Right To Bare Arms

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malcolmandy

Junior Member
What is the name of your state (only U.S. law)? Texas
As a felon in the state of Texas, do I still have the right to have or own a legally registered hand gun in my home, to protect my family from outside dangers?What is the name of your state (only U.S. law)?
 


Mass_Shyster

Senior Member
There is no bright-line answer to that question. The two recent Supreme Court decisions found that "The People" have a fundamental right to a handgun in the home for self defense.

The question is has a felon forfeited that right, along with the right to vote, and the right to freedom (while incarcerated)?

If you are prohibited by law from having a handgun, I suggest you obey that law. Being a test case is expensive.
 

xylene

Senior Member
What is the name of your state (only U.S. law)? Texas
As a felon in the state of Texas, do I still have the right to have or own a legally registered hand gun in my home, to protect my family from outside dangers?What is the name of your state (only U.S. law)?
The answer simply is no.

The reason is the bold underlined part of your own post.
 

FlyingRon

Senior Member
There's no constitutional right to bare [sic] arms.

A person can be deprived of his fundamental rights (life, liberty, property) as long as there is due process.
 
What is the name of your state (only U.S. law)? Texas
As a felon in the state of Texas, do I still have the right to have or own a legally registered hand gun in my home, to protect my family from outside dangers?What is the name of your state (only U.S. law)?
I half expected this to be some kind of joke about Mrs. Obama and her lack of sleeves or if sleevless shirts were appropriate in court or something like that...had to chuckle about the bare arms.
 

CdwJava

Senior Member
What is the name of your state (only U.S. law)? Texas
As a felon in the state of Texas, do I still have the right to have or own a legally registered hand gun in my home, to protect my family from outside dangers?What is the name of your state (only U.S. law)?
Nope. As a convicted felon you are prohibited under both TX state law and federal law from possessing or owning a firearm.
 
There is no bright-line answer to that question. The two recent Supreme Court decisions found that "The People" have a fundamental right to a handgun in the home for self defense.

The question is has a felon forfeited that right, along with the right to vote, and the right to freedom (while incarcerated)?

If you are prohibited by law from having a handgun, I suggest you obey that law. Being a test case is expensive.
SteveF is correct & the court has said reinstatement may be possible. But you have to apply for this ... you could try but I doubt anyone would pick up your legal bills & as Steve said, it would get expensive.

I think there may be a test case regarding disqualifying misdemeanors in the near future ... they may have a chance. Felonies? Right now, no chance except for maybe felony shoplifting or something completely non-violent.

So the answer is that if you have the right to own a gun is really unknown ; only the courts will determine this. You will likely not get your gun rights restored w/o a major case undertaking.
 

CdwJava

Senior Member
SteveF is correct & the court has said reinstatement may be possible. But you have to apply for this ... you could try but I doubt anyone would pick up your legal bills & as Steve said, it would get expensive.

I think there may be a test case regarding disqualifying misdemeanors in the near future ... they may have a chance. Felonies? Right now, no chance except for maybe felony shoplifting or something completely non-violent.

So the answer is that if you have the right to own a gun is really unknown ; only the courts will determine this. You will likely not get your gun rights restored w/o a major case undertaking.
Pursuant to federal and state law ALL felonies - even "shoplifting or something completely non-violent" - are disqualifying pursuant to both state and federal laws.

No ifs about it unless the charges are dropped to misdemeanors and specifically restore firearms rights (assuming that even the misdemeanor offense is not also a disqualifying offense).
 
Pursuant to federal and state law ALL felonies - even "shoplifting or something completely non-violent" - are disqualifying pursuant to both state and federal laws.

No ifs about it unless the charges are dropped to misdemeanors and specifically restore firearms rights (assuming that even the misdemeanor offense is not also a disqualifying offense).
Cdw, give the McDonald v. City of Chicago supreme court opinion a read.
 

CdwJava

Senior Member
Cdw, give the McDonald v. City of Chicago supreme court opinion a read.
Yeah ...

And, once again, ALL felonies are disqualifying offenses when it comes to possessing or owning a firearm. That case had to do with local regulation, not the rights of felons to possess firearms.
 

FlyingRon

Senior Member
Yeah ...

And, once again, ALL felonies are disqualifying offenses when it comes to possessing or owning a firearm. That case had to do with local regulation, not the rights of felons to possess firearms.
He might also note that McDonald also REAFFIRMED the practice of barring gun ownership by felons.

We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory
measures as “prohibitions on the possession of firearms by
felons and the mentally ill,” “laws forbidding the carrying
of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.” We repeat those assurances here.
 

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