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This kid plead to a 2nd Degree Felony and his step dad asked me when he's done, could he go hunting with a gun. I know that PC 46.04 says a person "convicted" of a felony and juveniles that are not certified, and this one was not certified as an adult, are merely "adjudicated". Does that matter? Would he be subject to the restrictions of 46.04??? I'm sure this is easy but I appreciate your help.
 
Posts: 59 | Location: Anson, Texas, USA | Registered: November 13, 2001Reply With QuoteReport This Post
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I am unaware of any specific interpretation of "convicted" as used in 46.04 vis-à-vis an adjudication of engaging in delinquent conduct, but the CCA recently observed that "[a]lthough quasi-criminal in nature, proceedings in juvenile court are considered civil cases." In re Dorsey, 465 S.W.3d 656 (Tex.Crim.App. 2015). If "such an adjudication is not a felony conviction for the purposes of Article 11.07," it seems unlikely it is a conviction for purposes of 46.04. Indeed, what happens to the juvenile does even bring him within the scope of how a felony is defined. See Moon v. State, 451 S.W.3d at 38-39 (child may not be committed or transferred to a penal institution or other facility used primarily for the execution of sentences of persons convicted of crime). One should never forget about federal gun laws, however.
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
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I agree......don't think with your fact situation that there is a problem later with gun possession. But, the feds are scary and I never know what their rules are.
 
Posts: 100 | Location: Nacogdoches, Texas, USA | Registered: June 19, 2001Reply With QuoteReport This Post
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