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Can I keep my duty firearm at home with a felony spouse?

Can I keep my duty firearm at home with a felony spouse?

Full question:

I'm an officer in Texas. My husband has a felony conviction. Can I have my duty firearm at our residence?

Category: Criminal
Date: 04/07/2025
State: Texas

Answer:

In Texas, the law states that a person convicted of a felony cannot possess a firearm. This includes possession at home. However, possession can be established in two ways: actual possession and constructive possession. Actual possession means the person has physical control of the firearm. Constructive possession means the person has knowledge of the firearm's presence and has control over it, even if they are not physically holding it.

For a spouse of a felon, the law (Tex. Penal Code § 46.04) specifies that a person who has been convicted of a felony commits an offense if they possess a firearm:

Within five years of their release from confinement or supervision, or
At any location other than their residence after that five-year period.

This means that if your husband is still within five years of his release, he cannot be in the same residence as your duty firearm. If he is beyond that period, you may be able to have your firearm at home, but you must ensure that he does not have access to it. If there is any doubt about the specifics of your situation, it is advisable to consult with a legal professional.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if my spouse with a felony conviction is found with my firearm?

If your spouse, who has a felony conviction, is found with your firearm, it could lead to serious legal consequences for both of you. Under Texas law (Tex. Penal Code § 46.04), a felon cannot possess a firearm, and doing so may result in criminal charges. This applies even if the firearm is not physically held by the felon but is accessible to them. It is crucial to ensure that your firearm is stored securely and out of reach to avoid any legal issues.

Can I store my firearm in a separate location from my spouse?

Yes, you can store your firearm in a separate location from your spouse, provided that he does not have access to it. This is important to comply with Texas law (Tex. Penal Code § 46.04), which prohibits felons from possessing firearms. Ensure that the firearm is kept in a secure place where your spouse cannot reach it, helping to avoid any potential legal complications.

What is constructive possession of a firearm?

Constructive possession of a firearm occurs when a person has knowledge of the firearm's presence and has control over it, even if they are not physically holding it. In Texas, this means that if your spouse knows where your firearm is stored and can access it, he may be considered to have constructive possession, which is illegal for someone with a felony conviction. It's essential to ensure he cannot access the firearm to stay compliant with the law.

Are there exceptions for law enforcement officers regarding firearm possession?

While law enforcement officers may have certain privileges regarding firearm possession, they are still subject to the same laws regarding felons. If your spouse has a felony conviction, you must ensure that he does not have access to your duty firearm, as Texas law (Tex. Penal Code § 46.04) prohibits felons from possessing firearms. Always consult with a legal professional for guidance specific to your situation.

How can I ensure my firearm is secure from my spouse?

To ensure your firearm is secure from your spouse, consider using a locked safe or a secure storage cabinet that only you can access. Make sure it is stored in a location where your spouse cannot reach it, as this helps prevent any potential legal issues under Texas law (Tex. Penal Code § 46.04). Regularly check that the firearm remains inaccessible to him to maintain compliance.