As a police officer, can I have my firearm at home since my husband is a convicted felon?
Full Question:
Answer:
The person need not be in actual possession of the weapon if the state can prove that he had constructive possession of it, which means that he had knowledge of its presence and “dominion and control” over it. The mere presence of a person in the place where weapon is found or the mere association with a person possessing weapon is insufficient to establish constructive possession. Constructive possession of a firearm occurs when the firearm is subject to the defendant’s dominion and control. A defendant’s dominion and control over a weapon constitutes constructive possession, even if it is only temporary and even if the control is shared. Constructive possession contains an element of awareness or knowledge that the firearm is there and a general intent to possess it. General intent exists when the circumstances indicate that the offender, in the ordinary course of human experience, must have adverted to the prescribed criminal consequences as reasonably certain to result from his act or failure to act. Although the existence of intent is a question of fact, it may be inferred from the circumstances of the situation.
The following is a TX statute:
§ 46.04 PENAL PENAL 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.
(b) A person who has been convicted of an offense under
Section 22.01, punishable as a Class A misdemeanor and involving a member
of the person's family or household, commits an offense if the person
possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person's release from confinement following
conviction of the misdemeanor; or
(2) the date of the person's release from community supervision
following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by
Section 1.07, actively engaged in employment as a sworn, full-time paid
employee of a state agency or political subdivision, who is subject to an
order issued under Section 6.504 or Chapter 85, Family Code, under
Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another
jurisdiction as provided by Chapter 88, Family Code, commits an offense
if the person possesses a firearm after receiving notice of the order and
before expiration of the order.
(d) In this section, "family," "household," and "member of a household"
have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third degree. An
offense under Subsection (b) or (c) is a Class A misdemeanor.