Ask the Judge: Can a felon own a gun in Texas?

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  • Опубліковано 13 лип 2024
  • Judge Larry Thorne answers viewer questions about gun ownership, validity of out-of-state felonies, and serving divorce papers
    12NewsNow.com

КОМЕНТАРІ • 184

  • @craigdaubbeats-rapinstrume9185
    @craigdaubbeats-rapinstrume9185 5 років тому +147

    Non violent felons should have ALL their rights restored once their debt to society has been paid. If they're that bad that they can't own a gun to defend themselves, they shouldn't be left out of jail/prison.

    • @TheSaintberzerker
      @TheSaintberzerker 4 роки тому +25

      So in your mind, someone that got thrown in prison for a fistfight when they were a teenager can't have a gun the rest of their life but someone that burglarizes homes or steals or launders millions of dollars is more worthy? Constitution makes no distinction and neither should we. Actually the Constitution never allows for your gun rights to be taken away no matter what. The "non violent" felon argument is a bad one. If time was served, that should be all that matters. Period.

    • @kencalip6129
      @kencalip6129 4 роки тому +11

      Law should be taught in high school not college.....#Trap

    • @Xighor
      @Xighor 4 роки тому

      @@TheSaintberzerker agreed but than again reoffenders. Reoffending is high
      They don't want to make it easy for those drug dealers to get a gun but they still get them illegally
      Let's say you're in prison for shooting someone than you get out and buy a gun? Idk
      Thing is you was released from prison so why should you have any further punishments
      It's also unconstitutional, I do see why they ban felons but I don't really agree with it

    • @TheSaintberzerker
      @TheSaintberzerker 4 роки тому +11

      @@Xighor That's my point. Regardless of your crime, if you served the time given that should end it. If you get a life sentence, you obviously wouldn't be able to get a firearm. But if you served your time, that should end the punishment. Having a record will never prevent criminals from getting firearms. It will only keep people that have served their time and want to reform.

    • @Xighor
      @Xighor 4 роки тому +2

      @@TheSaintberzerker Yeah, guess the intention is good since you don't want people with a record owning a gun but it doesn't work and unconstitutional. If they're planning to commit a crime they'll probably steal it or obtain one illegally so it's not traceable that's what happens most the time, only a small number of gun crimes committed are people with legal access/licenses, most the time it's a untraceable gun
      Infect all gun laws are since no where does it say in the constitution that you have the right to bear arms but not if you're a felon, and you must get a paid license. You must keep it inside your home with a locker (depending on state)
      Only gun law I agree with the age to be able to buy/own one and people on a watchlist (but than again say if the government puts someone on a list because their political views and they have no convictions or are they proven guilty a crime but banned anyway, it can be abused but guess it's for the best since we don't want actual people planning to commit terror buying an armoury, just got to hope it doesn't get abused)
      I was a bit mixed of this now I have a strong stance that it's wrong

  • @masonic72
    @masonic72 4 роки тому +54

    They cant take away ,what isnt theirs to take. our rights arnt given by the government .

    • @serfinusa908
      @serfinusa908 4 роки тому

      So, you aren't a citizen? 🤯

    • @patriciakerr54
      @patriciakerr54 3 роки тому

      @Drakilicious yes it's just other way to tick poeple in to believing there making the streets safe when we all no if someone wants to heart you there going to with or with out being a felon. Like I said sounds like it's just a step to taking all guns .

    • @patriciakerr54
      @patriciakerr54 3 роки тому

      The only poeple are government want to have guns are poeple that follow there orders and who they have power over like cops and fed officers.

  • @DavidMTheKrucifix
    @DavidMTheKrucifix 4 роки тому +30

    Ok, here we go again educating the masses. If something is a RIGHT you can't loose it in the first place! In that, I hear so many saying "gun rights", if you can lose it or have it revoked or suspended, it is NOT a right, but a privilege given to you by someone else! The masses need make a to make a decision, either it's a RIGHT, in which it can't be taken away or hindered, or it's a privilege.
    Also, concerning the US Constitution and it's Second Amendment, please re-read it concerning the last part "... shall not be infringed".
    To educate you a bit more, so it is understood what the word means, here is the LEGAL defination of infringe "The encroachment, breach, or violation of a right, law, regulation, or contract."
    A convicted person, regardless of the crime, should after serving their sentence, not be construed as a lesser citizen. Felons and some misdemeanors revoke rights, if a "right" is revoked, it was NEVER a right but a privilege, simple as that.

    • @briannalopez4527
      @briannalopez4527 4 роки тому +3

      Love this so great ! Thanks !

    • @davidrhostetler3041
      @davidrhostetler3041 3 роки тому

      True for there are how many abnormalities within the books of law...its law and law remanded to make money off the printed paper .. Much paper .. And paper n digital money....
      Let this America mentioned be
      And also the people be.. If you believe you can't ?? Train it!!
      Be America !!

  • @cornpop8111
    @cornpop8111 4 роки тому +17

    so you cant own a gun because of federal law but you can sell marijuana all across the united states - going against federal law..laws are so crooked and aimed at government profit

    • @rustynails2257
      @rustynails2257 Рік тому

      Joe biden said you were a bad dude.
      Put the rust racers down and get a double rain barrel in 20 yat buck shot and a chain to wear while shaking.
      Okay corn pop?

  • @SteveAubrey1762
    @SteveAubrey1762 3 роки тому +7

    Why is it lawful to label a person as a permanent felon , like Europe did? Used to be , a person could " pay his debt to society" and his inalienable rights were restored in full so he could become a productive member of society. Now, he's branded for life, his " inalienable rights" reduced to revocable price lifted. Has anyone ever challenged this as cruel and unusual punishment?

  • @FVKNMITCH
    @FVKNMITCH 5 років тому +32

    YES! A felon in the state of Texas can own a gun. Its written in Texas state law that if the firearm was manufactured 'IN' Texas then a felon can legally possess a gun in their home. It's still illegal under federal law, but if you research it, yes a felon can own and possess within their home.

    • @okeithwhite
      @okeithwhite 5 років тому

      Really...we need to talk

    • @dinglepants
      @dinglepants 5 років тому +9

      It isn't illegal under federal law unless the firearm or ammunition has at some point been connected with interstate or foreign commerce. If you make the gun or ammo yourself, or if they're made in Texas and have never been sold elsewhere, then federal law does not apply.

    • @tazfuentes7205
      @tazfuentes7205 5 років тому +3

      @@dinglepants im a felon which so happens to be from Texas. I wanna make sure i can protect my family from any threat. But is it true? I can buy a gun as long it was made from TX. And have it at my home

    • @dinglepants
      @dinglepants 5 років тому +9

      @@tazfuentes7205
      In short, yes. Though being manufactured in Texas is not enough to ensure that federal law is not violated. The firearm must not have ever left the state of Texas. The safest way to be sure of this is to build your own out of an 80% receiver. There are many of these available out of which you can make your own high quality pistol or rifle. It's not hard to do, and there are many websites and videos with instructions. Now I'll give a further explanation about the laws.
      Texas penal code 46.04 states that a person is not guilty of felon in possession of a firearm if it has been 5 years since their release from prison or probation (whichever is later) and that the firearm is possessed in their home only. Now federal law USC 922 (g) prohibits those convicted of a crime punishable by one year or more (felons usually) from possessing a gun if they "possess in, or affecting (interstate or foreign) commerce." Federal courts have interpreted this to mean that the firearm in question must have at any point in its existence been moved from one state to another, or from a country other than the United States. An explanation of this and related case law can be found here
      www.mad.uscourts.gov/resources/pattern2003/html/patt5tbi.htm ...USC 922 is the only federal laws that regulates possession of firearms by those convicted of crimes. Hope this helps.

    • @tazfuentes7205
      @tazfuentes7205 5 років тому +1

      @@dinglepants thank you very much.

  • @leeannabolton2961
    @leeannabolton2961 4 роки тому +9

    If you are a convicted felon and you cannot own a firearm how can you protect yourself and your family and your belongings and if you live off the land how will you be able to hunt for food I am a evicted felon I'm not on no probation or parole where does our amendments come in the right to bear arms

    • @SeverancePay500
      @SeverancePay500 3 роки тому +2

      Drakilicious comment very irrelevant, most people carry guns to defend themselves against the bad people with guns.
      Not because they’re scared to defend themselves without one.

  • @exexpat11
    @exexpat11 4 роки тому +16

    Judge Larry Thorne why do you violate the Constitution and people's Civil Rights? Do you feel guilty?

    • @serfinusa908
      @serfinusa908 4 роки тому +2

      Yeah Judge!!
      exexpat11, Esq. wants to know!
      🤪😵🙄

  • @abennett2783
    @abennett2783 4 роки тому +13

    Federal Law is in conflict with the 2nd Amendment, and Article 6, Section 2. Shall not be infringed is a restriction on federal governments ability to restrict a mans natural Rights to self defense.

    • @bevis1528
      @bevis1528 3 роки тому +2

      This Judge is an idiot. So in his terms of Felons not being able to own a gun in home under federal law. Not right. A felon can own a gun after 5 years of conviction. The feds can come after you sure but will they? Do the FEDS go after legal state weed shops because its a federal law? No. So how does the FEDS go after one who owns a gun? If they did sounds like that's just cherry picking laws.

    • @abennett2783
      @abennett2783 3 роки тому

      @@bevis1528 if the Feds come into your State or County, it is with the blessing of the Sheriff. Some States are outlawing the feds enforcing unconstitutional edicts! If your Sheriff allows this, replace him with someone who actually understands the Oath they swore!

  • @BoutdaBiz530
    @BoutdaBiz530 2 роки тому +3

    State law trumps federal law. Its the state's job to assure the feds dont overreach their power over its citizens by unconstituional laws.

  • @MrNanonen
    @MrNanonen 4 роки тому +16

    If federal law overpowers state law then why do states impose gun restrictions and open/conceal carry restrictions that are not part of the 2nd amendment which is a federal law?

    • @exexpat11
      @exexpat11 4 роки тому +3

      They like having it both ways.

    • @bevis1528
      @bevis1528 3 роки тому +2

      Sates allow weed to be legal for sale and consumption and snub their noses at federal law. So how is this any different?

  • @daringregory9967
    @daringregory9967 3 роки тому +2

    If you can take away one persons rights to own a fire arm you can take everyone's rights to own a fire arm.

  • @luljay4861
    @luljay4861 3 роки тому

    What if you were charged with a non violent felony as a juvenile but when you then 21 decide to get your carrying permit is it possible or do you have to go through a process?

  • @My_Alchemical_Romance
    @My_Alchemical_Romance 2 роки тому

    How cool of the judge. Shout out to the good judge; love from Kansas City!

  • @snowboarder3n1
    @snowboarder3n1 3 роки тому +2

    Federal law doesn’t trump state law look at all the states that legalized marijuana…. It’s still against federal law but state laws trump federal laws.

  • @vincentpina
    @vincentpina 4 роки тому +7

    OK, Judge, I agree federal law supersedes state law so it would stand to reason that the U.S. Constitution is "federal law" therefore the 2nd Amendment is also federal law which is the supreme law of the land according to "article 6 section 2 aka the supremacy clause" of the U.S. Constitution. Article 6 section 2 clearly states "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The 14th amendment clearly states "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." In layman's terms no state can make or enforce any law which shall take away my constitutional rights. That means every gun control law is unconstitutional if it infringes on my second amendment right.

  • @fosterdyche
    @fosterdyche 3 роки тому +2

    the US code related to felons and firearms states that the restoration of the right can be by any action of the state, yes the federal law give power to states to restore the rights except for federal crimes,
    those action can be governor pardon, attorney general action, court action or even by a state law. alaska is one that does it by state law for non violent felonies. some other states may do so as well

  • @josephlahood4647
    @josephlahood4647 4 роки тому +5

    I'm 58 years old I haven't got the time or patience to wait 10 years and reopen old wounds in front of a judge. I'm retiring to Florida or Arizona. I've switched to cap and ball revolvers. For self defense believe me their fine. You can carry them as of now without a license in at least those two state's.I have a nice North American Arms .22 5 shot revolver and a nice Uberti 1849 Colt Replica .32 I modified to snub nose. I'd show pics but not seeing how. Florida or Arizona Baby

    • @josephlahood4647
      @josephlahood4647 3 роки тому

      @GUNS N RODENTS I understand state law supersedes federal on carrying. If be happy to carry black powder concealed. Florida Supreme Court said their not guns just like the?Feds. I'm retiring to Florida

    • @josephlahood4647
      @josephlahood4647 2 роки тому

      @Brian Mouton mine is the cap and ball .22.

    • @josephlahood4647
      @josephlahood4647 2 роки тому

      @Brian Mouton well I walked right out if Kittery Trading Post with it under my arm. No ones come to my door in over two years. In really not concerned with this bullshit. In waiting on the supreme court to clear this bullshit up hopefully in the next couple of years.

  • @_LAND_OF_THE_FREE_
    @_LAND_OF_THE_FREE_ 3 роки тому

    What about assault and batterie with a deadly weapon, the weapon was a "framing hammer" it was a felony charge and I could of been sentence to 3 year's state prision but the judge dropped the charge to a misdemeanor i spent 15 days in jail and 56 on house arrest with 3 years probation the charge was 10 years ago and I have no new charges since . Im also moving to Idaho soon I live in California is this going to affect me there on owning a firearm ?

  • @samuelnatal3221
    @samuelnatal3221 4 роки тому

    So cool to be able to have your own Judge to ask legal questions to.

    • @phillipzx3754
      @phillipzx3754 4 роки тому +1

      Too bad the judge is incorrect in his claim. The feds most CERTAINLY accepts a State reinstating a persons firearms rights.

  • @TheWaylon1964
    @TheWaylon1964 3 роки тому

    Hello, I was convicted of burglary of a building in in Fort Worth, TX in 1995, Breaking an entry, considered a felony, although the business was closed, and NO WEAPONS were involved , i haven't committed any crimes since 1995, how do i go about getting myself expunged for my crime so that i can own a firearm to protect myself

  • @chaseme81871
    @chaseme81871 3 роки тому

    This is from the Department of justice............ this says that once you have had civil rights restored under state law { In the handful of states that do this} then you are no longer considered criminal possession of firearm in the federal eyes either... Here is what i found from the department of justice website... frequently litigated issue under § 922(g)(1) is whether a convicted felon is exempt from the prohibitions of the statute because of a post-conviction restoration of civil rights under State law. In accordance with 18 U.S.C. § 921(a)(20), a conviction does not disqualify an individual from possessing firearms if the person convicted "has had civil rights restored." In § 922(g)(1) cases based upon a State felony conviction, courts have uniformly looked to the law of the State where the conviction was obtained to determine whether the defendant's civil rights have been restored and whether such action has nullified the conviction's incidental prohibition on firearms possession. With respect to Federal felony convictions, the Supreme Court declared in Beecham v. United States, 511 U.S. 368 (1994), that only Federal law can nullify the effect of the conviction through expungement, pardon, or restoration of civil rights. This is so, the Court ruled, even though there is no Federal procedure for restoring the civil rights of Federal felons.
    In United States v. Ramos, 961 F.2d 1003, 1009 (1st Cir.), cert. denied, ___U.S.___, 113 S. Ct. 364 (1992), the court held that the term "restored" in § 921(a)(20) requires the State to make an "individualized official judgment" that the defendant should be excepted from the prohibitions of § 922(g)(1). The Criminal Division takes the position that where State law contains any provision purporting to restore civil rights -- either upon application by the defendant or automatically upon the completion of a sentence -- it should be given effect. It is not necessary that the State issue an individualized certificate reflecting the judgment of State officials regarding an individual defendant. The Ramos case should be limited to its unique facts and not extended in attempts to nullify the effect of other State schemes for civil rights restoration. A State restoration document that is absolute on its face should disqualify the affected State felon from prosecution under § 922(g)(1) unless the facts of the case strongly support a finding that the felon had actual notice of his/her continuing State firearms disability despite the terms of the restoration document.

  • @samuelnatal3221
    @samuelnatal3221 4 роки тому +1

    Also a mussel loader can not rapid reload.

  • @Ghost-dy9jo
    @Ghost-dy9jo 2 роки тому

    Please help, I live in Ohio and I got a minor misdemeanor possession of marijuana and a possession of drug paraphernalia charge when I was a kid, (I was pulled over with a marijuana pipe in the car and it had some burnt marijuana residue in it) at the time I was 17 and was charge as a adult because my 18th birthday was in a couple months, I'm assuming anyway.. but I got probation and paid the fees and fines for it completed the probation and left that mistake in the past and haven't smoked anymore since. My question would be would those 2 charges make it to where I have a firearm disability? I'm looking into getting a handgun for my home and have it for protection in case the worst case scenario ever happened and I would need to defend myself. For the life of me I can't find out if Since I got these 2 convictions as a teenager, if they would prevent me from ever legally being able to lawfully possess or OWN a firearm? I'm a law abiding citizen and wanted to get a absolute yes or no before I looked further into purchasing a pistol for home defense only. If I'm able to, I would eventually pursue a CCW license as well, but I needed to know first if I was even lawfully able to own a firearm let alone conceal carry one. I'm now 33 years old, have had no other criminal charges whatsoever (other than a DUI I got 12years ago, and traffic tickets). I'm just trying to get a simple understanding if I'm allowed to OWN a pistol at home without a CCW or gun permit.. Everything I'm seeing isnt a straight cut answer... which is what I'm looking for. It just says "felony" drug conviction punishable by a year imprisonment would give me a disability to purchase or own a firearm, which mine WASN'T and was a minor misdemeanor for possession of marijuana, along with a misdemeanor for drug paraphernalia (marijuana pipe). Please let me know my options and if I'm ok to own one even if it's privately purchased and kept it at home? I'm not getting a clear cut answer and can't find a yes or no from the guidelines set by Ohio on a state or federal level to own a firearm... Or from anyone else I've asked for that matter. What I'm gathering is the state of ohio would consider it a disability and I would be able to purchase one, but that I couldnt CARRY one as far as a CCW, but that I could buy and OWN one legally, I basically can't carry it? But federally I would be okay to purchase or carry. If this is true would it still apply when constitutional carry goes into effect in my state in a couple months? I'd be interested in carry after a little more time with one and when I build my comfort level with it. But again idk as I'm not getting a clear cut answer, this is just what I've gathered on my own research. Is this true? Please help as I need to get one for personal reasons and need to get this figured out immediately. Thank you for your time

  • @richardscheirman9782
    @richardscheirman9782 5 років тому +4

    Pre 1890 is not banned by Texas state or any federal regulations also sold to anyone at cabellas if over 18

    • @MarkH10
      @MarkH10 5 років тому

      Exactly correct. Defined in Title 13, Section 921.
      Antique firearms have a specific date in, I believe 1892. Your comment is 85% correct and only omitted minor factual elements with specificity.
      There is also a specific process for identifying firearms individually which a Felon may own pursuant to our Federal Law.

    • @MarkH10
      @MarkH10 5 років тому +1

      @@richardscheirman9782
      Reread my comment.
      "Registration" is never alluded to nor mentioned.

    • @OjiOtaku
      @OjiOtaku 3 роки тому

      @@MarkH10 pre-1899 according to the Gun Control Act of 1968 and there are still restrictions concerning cased ammo.

    • @cobracommander1700
      @cobracommander1700 3 роки тому

      @@OjiOtaku Yeah a SSA and a big Henry should be allowed as well. But the cased ammo kinda conflicts.

  • @dinglepants
    @dinglepants 5 років тому +2

    It isn't illegal under federal law unless the firearm or ammunition has at some point been connected with interstate or foreign commerce. If you make the gun or ammo yourself, or if they're made in Texas and have never been sold elsewhere, then federal law does not apply. 80% receivers and frames are definitely your friend as far as this is concerned.

    • @BoutdaBiz530
      @BoutdaBiz530 2 роки тому

      Well then Obama and holder should be tried for giving guns to the cartels and arming the nation's enemies. Supporting terrorist groups should land them a traitors sentence.

  • @peterlee4907
    @peterlee4907 2 роки тому

    What about T.I.D.E. doesn't let me work for 12 years and now child support wants money or felony.

  • @johnhawk9321
    @johnhawk9321 4 роки тому

    But yhe atf doesnt have any way to get relief from the atf the law says we can apply their but no one home

  • @searcymasonry
    @searcymasonry 2 роки тому

    indiana actually has a list of the violent felonies that prevent a felon from owning a firearm . i do not have one of those felonies but they still pulled my ccp . of course it might have been the feds who pulled the permit . im not sure on that .

  • @goaldigga3505
    @goaldigga3505 2 роки тому

    Shall Not !!

  • @johnnybuttcrust765
    @johnnybuttcrust765 4 роки тому

    i have a domestic i plead to that was BS... can i ever hunt again.... sad in Texas

  • @screwston7772
    @screwston7772 2 роки тому

    I have a question I am 18 in Texas was convicted as a minor only charge with a 3rd degree felony non violent can I still go and buy a rifle legally

  • @vickiemandina7566
    @vickiemandina7566 2 роки тому

    It was nothing violent. I let a friend use my car to the store . He stayed gone over night never answer any of my calls. The next afternoon there was banging on my door. It was a bunch of cops and many vehicles. Off to the side I see my friend. His story was he just used my car to go to the store. I said ya that was yesterday and he hasn't been answering my calls. My car was no where to be seen and I told them I wasn't answering anymore questions until someone told me where my car was and what this was about. They said my car was down the road a few blocks. My so called friend told them when he got pulled over that he has just borrowed my car and it hadn't even been 30 minutes. BS !! So this idiot had meth and threw it on the passenger floor board. He then went on to say it wasn't his. I let them search my place and everything. We both went to jail and he was released. After 3 court hearing the judge finally said they have no way to prove it was his but it was in my car there for it was on me. Other than traffic tickets I have never gone to jail. So it's coming up on 10 years so I was wondering if I would be able to buy a gun now?

  • @tannersmith6525
    @tannersmith6525 4 роки тому +2

    You can apply for firearm restoration

    • @johnhawk9321
      @johnhawk9321 4 роки тому

      Not from the feds atf you cant their law says you can but they dont sence 94

    • @koonyeezy6433
      @koonyeezy6433 3 роки тому

      John Hawk no you can get pardoned from the government with a good lawyer working your case

  • @sfeelwatuwant3533
    @sfeelwatuwant3533 14 днів тому

    My righteous, an American should not be infringed upon 😂😂😂

  • @DallasBryant-rw1oh
    @DallasBryant-rw1oh 3 роки тому +1

    The Constitution of the United States gives all citizens the rite to bare arms'!!!!!!!

  • @coreygoree1256
    @coreygoree1256 3 роки тому

    You can serve him via email too but publication is good

  • @justinmatkin3366
    @justinmatkin3366 3 роки тому +4

    Judge is liberal... In Texas... Yes. Sorry judge your wrong. Federal doesnt trump state. And if u was to prosecute a ex-felon for possessing a firearm to protect his family, property, and life u r a sorry person. 2nd amendment always 2nd amendment.

  • @brettstovall2751
    @brettstovall2751 Рік тому

    Can a non violent felon carry a less lethal air launcher in texas

  • @bobbylisi6220
    @bobbylisi6220 4 роки тому

    I’d like to know if I can buy and own a gun I have a class c misdemeanor that is over 17 years old

  • @tomtee4442
    @tomtee4442 2 роки тому

    Does anyone know how to petition the court to get their second amendment rights back? I have all my other paperwork and character witness ready to go to court. I just basically need to petition the court somehow and get a court date to go thanks.

  • @ZIeLoPeNation
    @ZIeLoPeNation 3 роки тому

    Not if you get relief from disability

  • @sfeelwatuwant3533
    @sfeelwatuwant3533 14 днів тому

    Remind.
    That judge to use the constitutiand he should.
    Know his law

  • @Mr.Clayton
    @Mr.Clayton 5 років тому +4

    So fed law over ride regular law ? 1 say yes other say no

  • @sodamngood8704
    @sodamngood8704 4 роки тому

    How can you protected yourself then? I’m a felon for 3rd dwi and someone broke into my car 3 times..you call the police they don’t do anything..they busted my windows and stole everything even my work backpack

    • @exexpat11
      @exexpat11 4 роки тому +1

      You see like Mr Judge here... they like having a Permanent Slave Under Class of People who are unable to Reacquire their Rights, are discriminated against, and are defenseless. Boogaloo can't happen soon enough to restore the Republic and the Constitution.

    • @phillipzx3754
      @phillipzx3754 4 роки тому

      If your "DWI's " are not counted as "violent offences" and you live in a State that allows those rights to be restored, get it done.
      A lawyer will charge anywhere from $1500 (and up) or you can do it yourself for about $350 (give or take).

    • @tomtee4442
      @tomtee4442 2 роки тому

      How do you petition the court to get your second amendment rights back? The court said today I couldn't fill out anything online or there wasn't a paper at the courthouse to fill out. One court said lawyers always petition the court.

  • @russellsalinas295
    @russellsalinas295 5 років тому +3

    What about owning a black powder gun made before 1899 for ex felons?

    • @chrishesketh5326
      @chrishesketh5326 5 років тому +1

      well from what I heard it's not considered a firearm.

    • @russellsalinas295
      @russellsalinas295 5 років тому

      Chris Hesketh thx for the reply!

    • @exexpat11
      @exexpat11 4 роки тому

      Depends on the State. Some allow and some do not.

    • @OjiOtaku
      @OjiOtaku 3 роки тому

      The BEST bet is to check with your state Attorney General for state laws and then the ATF to be sure the weapon is not considered modern under the 1968 Gun Control Act. It depends on the State. Federal law says the 1968 Gun Control Act does not apply to any antique firearm produced before 1899 (including modern reproductions) as long as it doesn't use commercially available cased ammo (rimfire or primer, brass, and bullet all premade into a "modern" round). It can not use smokeless powder, nor can it be "readily" switchable to fire modern rounds.ATF has a constantly changing list of black powder firearms considered non-antique.

  • @mikesecondo2254
    @mikesecondo2254 4 роки тому

    Go to home Depot and get a power loader and loads.(22 caliper) now load up and now you have a deadly firearm!!!!Mmmm interesting!!

  • @aaronharbin7328
    @aaronharbin7328 3 роки тому +1

    Can a felon own a high powered air rifle like a 50 caliber umarex hammer or biger

    • @OjiOtaku
      @OjiOtaku 3 роки тому

      best ask your state attorney general and the local ATF. but likely no without a court dispensation.

  • @caseymccormick1813
    @caseymccormick1813 2 роки тому

    Can I own and possess a gun if my wife is a felon

  • @wilfredovega1545
    @wilfredovega1545 4 місяці тому

    Can you convicted felon on a rifle to go hunt with?
    But the felony was grand theft auto

  • @davidrhostetler3041
    @davidrhostetler3041 3 роки тому

    Wtf??? Can't fix him? Hrs that yur not in jail ? make yourself known .. Make it America

  • @user-cq5sn5hq4m
    @user-cq5sn5hq4m 2 роки тому

    What a joke!

  • @samuelnatal3221
    @samuelnatal3221 4 роки тому +5

    All felons across the United States can own a gun. They can own a mussel loader, by law. Because that gun is not known as a deadly weapon. But you can hunt with it. FYI.

    • @paulamericanfreedom2615
      @paulamericanfreedom2615 4 роки тому

      Samuel Natal they can also petition the court to reinstate their rights after they get the governor to reinstate their civil rights if they haven't committed another crime in so many years and they were non violent crimes. Supreme court settled this saying judges can reinstate right since they are the ones that took them.

    • @patc1309
      @patc1309 4 роки тому

      They can or cant hunt with it?

    • @michaelparrish755
      @michaelparrish755 4 роки тому +1

      In the state of Georgia felons can NOT have a muzzleloader!!!! Know the law before you try to hand it down to someone else!!!!

    • @phillipzx3754
      @phillipzx3754 4 роки тому

      Not true. A MUZZLELOADER It's still a firearm. I'd have a hard time accepting advice from a person who has no clue there is no such thing as a "mussel loader." A "mussel" is a type of seafood. :-)

    • @phillipzx3754
      @phillipzx3754 4 роки тому

      @@michaelparrish755 In the State of Georgia, the "State Board of Pardons and Paroles" can most certainly restore a felons firearm rights. I suggest you know the law before commenting on it.
      "Convicted felons may not possess any firearm or muzzleloading firearm while hunting unless that individual’s right to carry has been restored (OCGA § 16-11-131). This does not apply to archery equipment, air bows or air rifles."
      www.eregulations.com/georgia/hunting/hunting-information/#:~:text=Weapon%20Restrictions,air%20bows%20or%20air%20rifles.

  • @richardstorm4603
    @richardstorm4603 Рік тому

    I know the Constitution A LOT better than this judge does, and I don't even have a college degree. The federal government DOES NOT have the enumerated authority to prevent ANY legally, free citizen from owning or possessing any firearm. There is also no amendment that grants the sniveling cowards in the federal government to do the same. If a state wants to nullify these lawless gun control acts, they have the authority AND DUTY to do this, because the states DO supersede the federal government anytime the federal government usurps power. Our states do not even need the Tenth Amendment to nullify all unlawful acts of the federal government. All they need is enough people in the general population to force the servants in their state government to honor the oath that they took to obey and protect our Constitution and our Republic and for these state servants to tell the federal government, "I don't think so." On the flipside, Article 1, Section 8, Clauses 15 and 16 of the U.S. Constitution make it MANDAORY for the federal government to make sure that our general population is armed enough to defend our Republic FROM ARMIES. The federal government has the authority to make sure that our general population is highly armed and trained. They do not have the authority to weaken our general population/militia.
    If you do not believe me, I dare you to study Federalist Papers No. 28, No. 29, and No. 46. This means that our states also do not have the authority to ban any legally free citizen from owning firearms. Our federal government is actually supposed to be making sure that states like California do not weaken the size of our ARMED, general population/militia. Since the federal government would rather do the opposite, it is the duty for our red states (since we know that the cowards in our blue states would never do this) to nullify ALL gun control acts and make sure that our general population is highly armed AND trained. Our states even have the authority AND DUTY to pass state laws that would require that their state, city, and local police and general population to REFUSE to comply with criminal/illegal branches of the federal government such as the ATF, BLM, and even the FBI in matters that aren't the federal government's business. And any state constitution that says that their free citizens WILL be armed SUPERCEDES ALL gun control acts of ANY government.
    Oh, and federal laws ONLY preempt state laws ONLY when it has something to do with the federal government's LIMITED, enumerated authority and with any amendment that is AFTER the Bill of Rights. Meaning, if Texas wanted to declare war with Mexico or make a treaty with Mexico, the federal government would have the duty to prevent it from happening since waging war and making treaties is one of the "few", limited powers that the federal government has over our states. It is the same for patents or prevent one state from taxing good from another state. I can show you proof of the REAL intent of the Commerce Clause if you like. Do I need to go on? Does this judge even understand the meaning of enumerated authority? I would be surprised if he did.
    All of this is not my opinion. This is what our founders said in the Federalist Papers. And as I have pointed out, there is no clause and no amendment in our Constitution that grants the federal government the authority to take gun rights away from ANY legally, free citizen. There is also no clause and no amendment in our Constitution that grants the federal government the authority to tell any state what it can or cannot do with its own land, to use the people's money on public or private schools, to use the people's money on welfare, to steal the people's money to spend it on anything that it wants to use our money on, to steal state lands for national parks and national wild life preserves, to force ANY citizen to take any type of shot, to force any state to allow abortions, to prevent state schools from having public prayers, and so on and so on (I could write a book on how we have ALLOWED our servants in the federal government get away with attempted murder of our Constitution and our republic-Wait, just read the Federalist Papers). Someone show this misled judge my post. I DARE him to debate me on this.

  • @Thundralight
    @Thundralight 3 роки тому

    It should depend on the type of felony.

  • @D.Garcia007
    @D.Garcia007 2 роки тому

    You were doing so good judge until you mentioned the girlfriend's house now you're just a crazy old uncle

  • @Seracohw-i2f
    @Seracohw-i2f 2 роки тому

    INFRINGEMENT

  • @bilding5628
    @bilding5628 5 років тому

    Hunting rights reinstated for rifles only?...

    • @MarkH10
      @MarkH10 5 років тому

      There is no such rifle establishment in the law.

    • @DarkMatterX1
      @DarkMatterX1 5 років тому

      Even if your state were to reinstate the right to own rifles, it wouldn't help. BATFE's interpretation of 18USC 922 (g) is that if a person is under any civil disability, then they are under total disability. If you are ineligible to serve on a jury, you can't legally possess a firearm. If you are allowed to own long guns but not handguns, you cannot lawfully possess a firearm. If you cannot vote, you cannot lawfully possess firearms.
      BATFE is an entirely unconstitutional agency and should be dissolved. Rights are unalienable. They cannot be removed, surrendered, forfeit or otherwise encumbered. If a person is safe enough to be released from prison and put on the streets, then they are safe enough to have all their rights. Including the right to bear arms. If they cannot be trusted to bear arms, why are they out in public?

    • @bilding5628
      @bilding5628 5 років тому

      @@DarkMatterX1 my rights to vote were reinstated after I was discharged. So. Not everyone has the right answers or knowledge. Slippery slope to and frow. I just stick to big bore air rifles and compound crossbows.

    • @DarkMatterX1
      @DarkMatterX1 5 років тому

      @@bilding5628
      Bil, and? Did you not read what I wrote? If you are under *any* civil disability, then according to BATFE, you are under full disability. I used the right to vote as an example of a singular disability. Which to BATFE is full disability. Same with eligibility for jury duty. Or any public office. Or any professional license. I can't list every single civil disability that BATFE would use to throw you in jail for 10 years for enamoring yourself of your unalienable right to keep and bear arms. I was pretty clear with what I wrote. It's not my fault you didn't understand it.

    • @bilding5628
      @bilding5628 5 років тому +1

      @@DarkMatterX1 i understood. You didnt understand me. You do CLEARLY love to see and hear yourself speak though and have a taste for arguing even when there is no reason to argue. Lonely life. When you choose to "always" be "right", you push people away. I wish you the best and those close to you the patience to deal with your, better than everyone else patronizing disposition.

  • @andrescastorena9604
    @andrescastorena9604 3 роки тому

    I'm not convicted yet or pled guilty to my felony charge does that make me a convicted felon or am I innocent and can still buy gun in Texas

    • @derekcastro1009
      @derekcastro1009 3 роки тому

      If you’re being charged with any sort of felony rn
      And you’re on pre trial
      The judge will read you, your pretrial rights
      And that’ll include not possessing a firearm in the mean time till your case is over

    • @andrescastorena9604
      @andrescastorena9604 3 роки тому

      @@derekcastro1009 so I would have to wait till the felony case is over dismissed as long as I don't get convicted after all this I'll be able to purchase another gun again

    • @andrescastorena9604
      @andrescastorena9604 3 роки тому

      @@derekcastro1009 so since I have caught a felony this year but not convicted of the crime yet so I cant purchase any handguns rn with the background check?

  • @brettduffy1992
    @brettduffy1992 4 роки тому +1

    Black powder guns are in a firearms under federal

    • @OjiOtaku
      @OjiOtaku 3 роки тому

      Read the gun control act of 1968. Most black powder percussion firearms, whether made before 1899 or modern reproduction, are considered antique and not restricted by Federal law.

  • @sfeelwatuwant3533
    @sfeelwatuwant3533 14 днів тому

    Sound like a bunch of joe biden supporters l o l