If a person is convicted of a felony crime in Texas state, he loses the right to possess firearms in accordance with Section 46.04 of the Texas state penal code. You can not possess firearms until at least five years have elapsed after the sentence. In addition, the person can possess firearms in his / her place of residence.
If it turns out that a convicted criminal possesses a firearm, there is the possibility of face of criminal charges. Damages are considered three felonies and may include another felony added to the criminal offense history, up to 10 years imprisonment, and a fine of up to $ 10,000. However, it is possible to assert a positive defense called "need".
Positive defense is a fact or series of facts that potentially can repel or mitigate the legal influence of a person's illegal behavior. In this case the defense of the need means knowing that the act is illegal, but committing it for just reason such as his or her safety.
In order to use the defense of the need of Texas criminals possessing firearms it is necessary to hurt those facing criminal offenses and reasonably believe that they possess firearms It was necessary to avoid impending danger and harm.
The Texas Court of Appeals found that a defense of need is available under prosecution for the possession of firearms but is available under appropriate facts. The Texas State Court of Appeal discovered that this is an effective defense after hearing the case that a criminal possessed a firearm.
While in prison, the Texas State Correction Bureau's building manager was a criminal sentenced as having committed capital murder. He insisted that he was in danger of being killed by a prison gang from his previous position. He insisted that he was kidnapped and faced with imminent danger, so the weapon he had was for his safety.
This does not mean that the need for defense will be applied in all cases where a weapon is possessed by firearms and accused. Whether defense is greatly permitted depends on the facts and the unique circumstances of that particular incident.
However, in order to defend the need to be used in rapists who possess firearms, the defense attorney must lift it and prove it effectively. The defense attorney had to submit adequate evidence, but the standards are lower than the criminal offense standards.
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