The skinny facts are: Probationer commits (among other offenses) Deadly Conduct (Misd). Misdemeanor is 12.45 with probation revocation.

Question: Several firearms were seized (don't know why) besides the weapon used in the commission of the deadly conduct. What can be done with the remaining weapons?

Was the probation a felony probation, making probationer a felon in possession of a firearm?

Deferred adjudication.

Well there went the easy answer!

I have on occasion been asked the same question when a game warden has a gun that for whatever reason is not subject to forfeiture and the owner gets a post-seizure felony conviction. Normally this would be governed by CCP 18.19 (c) but if D is now a convicted felon, that won't work. My suggestion is to get word to D that he needs to appoint someone (in writing) to claim the guns. Assuming the guns belonged to D, they are still his property even if he cannot legally possess them.

Assuming we have a property hearing on the weapons. (Wife is claiming the weapons are hers.) Does the JP have exclusive jurisdiction or might the hearing be held in County Court at Law? I really would like to put on a record, letting wife know that she (and he) could be in violation of federal laws concerning firearm possession by felons.

I am interested in the situation where the spouse claims ownership of the firearms. If she/he lives with the convicted felon and it's less than five years since the conviction, wouldn't the presence of the firearms in the residence by considered "possession" regardless of who "owns" the firearms??

We get this situation quite often.

Janette A

The "felon" was on deferred. Got a misdemeanor deadly conduct (among other bad acts) and has been revoked. Wife is claiming the guns are hers, but you are right. When he gets out the guns can't be in that house.