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?
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
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".
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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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