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facts: a juvenile offender has a felony adjudication. juvenile turns 17. juvenile is found with a firearm outside his home.

issue: is juvenile offender (now an adult) a felon in possession of a firearm?
 
Posts: 12 | Location: Richmond | Registered: December 28, 2005Reply With QuoteReport This Post
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look at

Possession of Firearm (juvi forum) 6/05

TYC commitments and Felons (crim) 3/06

Juvenile on Parole (crim) 11/06

Possession of a firearm by a Felon (crim) 4/06

for details
 
Posts: 640 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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The offense of "Unlawful possession of firearm" by a felon (PC sec 46.04) requires that the person have been previously CONVICTED of a felony. CONVICTION isn't the same as ADJUDICATION for a delinquency offense. The Juvenile Justice Code (Family Code) Section 51.13(a) says "an order of ajudication or disposition in a proceeding under this title is not a conviction of crime." Since the juvenile hasn't been "convicted", but rather was "adjudicated delinquent" he isn't a "felon".
 
Posts: 113 | Location: Houston, Texas,USA | Registered: October 30, 2001Reply With QuoteReport This Post
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thank you.
 
Posts: 12 | Location: Richmond | Registered: December 28, 2005Reply With QuoteReport This Post
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Posts: 1 | Registered: February 20, 2017Reply With QuoteReport This Post
<warren>
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The offense of "Unlawful ownership of gun" by a criminal (PC sec 46.04) requires that the individual have been already CONVICTED of a lawful offense. CONVICTION isn't the same as ADJUDICATION for a misconduct offense. Dissertation Services
 
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