One of my juveniles who is on probation for a felony charge was caught last night with a firearm. From what I have read in the Family Code (51.13), he can only be charged with UCW, not Felon in Possession of a Firearm.

Do you all agree? I don't deal with juveniles everyday, so I want to make sure I'm not missing something.

Thanks!

You are correct. The first langauage in Sec. 46.04(Unlawful Possession of a Firearm) of the Penal Code says "A person who has been CONVICTED (my emphasis)of a felony commits an offense if ...". Since a juvenile adjudication of delinquency is NOT a "CONVICTION", a juvenile cannot be charged under that statute. If the legislature had meant for them to be charged with that offense they could have said "conviction or adjudication" as they have in other statutes.

Thanks a bunch.