Restoration of gun rights

[seamusTX]

The problem is federal law. 18 USC 922(g)(1) prohibits a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year from possessing a firearm or ammunition.

The only way out of this situation currently is a pardon from the governor.

There is a federal statutory method for restoring the rights of a convicted felon after a period of good behavior, but Congress has refused to fund it for many years.

As usual, IANAL, etc.

The U.S. Supreme Court created an exception several years ago for people who were convicted in foreign countries, but that does not apply to someone convicted in Texas.

- Jim

[Drewthetexan]

My ex-girlfriend's father spent time for the same thing way back. He applied for a pardon, it was granted, and he has subsequently even gotten his CHL. I don't know the specifics on what grounds the pardon was granted, and I'm not on good enough terms now to find out anything more - but I suspect he wasn't simply exonerated because he was beaming kittens and rainbows about the countryside. Assuming what I was told is true, I'd say there is a good chance your charge could get a pardon as well.

Edit: uh, by charge I mean the guy with the question.

[seamusTX]

Maybe this will help: http://texascriminaldefenselawyer.blogs ... ardon.html" onclick="window.open(this.href);return false;

BTW, IMHO, the legal disabilities associated with having a felony conviction go far beyond the firearms prohibition. Getting a pardon is well worth the probably mucho bucks.

- Jim

[seamusTX]

That seems to be the case.

18 USC 921(a)(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

- Jim

[seamusTX]

I want to make one thing crystal clear: As I understand it (and I am confident about this, though IANAL), a felony conviction in any jurisdiction in the United States or under U.S. military law prohibits the person from possessing a firearm anywhere in the United States for life, unless pardoned or otherwise having his rights restored.

It does not mean that if he was convicted in Dallas County he is prohibited from having a firearm in Dallas County, as the following seems to imply:

> Now I just need to determine whether or
> not I'm "prohibited by the law
> where the conviction occurred from
> receiving or possessing firearms". (I
> currently reside in Dallas County, "where the
> conviction occurred".)

IMO, the guy needs to take his pardon papers to a lawyer and make sure he is good to go.

Attempting to buy a firearm when one is disqualified is a felony, even if the purchase is not completed. He can't just try and see what happens.

Texas Penal Code 46.04(a) says that a felon who has served his time does not commit a state offense by having a firearm in his home after the fifth anniversary of his release from confinement, parole, etc.; but the federal prohibition remains in effect.

The feds are very serious about prosecuting felons for firearms possession. I've heard of men being prosecuted who had decades-old convictions and were not currently engaged in any criminal activity.

- Jim

[USA1]

Attempting to buy a firearm when one is disqualified is a felony, even if the purchase is not completed.

wow , i didn't know that .

Thanks Jim