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I guess this would be the right forum......

I have a friend, someone I know from church, who has, shall we say, a past. He texted me this morning asking me if I thought he would be eligible to buy an AR15 if he had a felony conviction a long time ago. I said that I thought he was probably disqualified, but that I would pose the question here and get back to him. I asked him to email me the details of his conviction. Here's what he sent me:

F(2)-Possession of controlled substance, less than a gram
F-Credit card abuse
F-possession of stolen property
F-unauthorized use of a motor vehicle
M(2)-assault causing bodily injury
M(2)-possession of marijuana
M(2)-burglary of a motor vehicle
M-larceny
I think that's it. Half of those are 19 years old. The other half are almost 12 years old

I guess the questions would be:

1. Is he permanently barred from ever buying a handgun or rifle with that kind of record, that long ago?
2. If so, is there any way he can have a shotgun for home defense?
3. If neither A or B, can he have a black powder weapon like a cap and ball revolver, and what would be the limits on that?

As far as I know, these convictions were all in Texas.

Lastly, with that kind of record, is there any hope of petitioning the court to restore his rights, or is it a lost cause?

In Texas a felon can own a firearm for home defense only after 5 years from his disposition date. No range time, or any other firearm using. It is still against federal law though kinda like the marijuana dispensaries were (or are).

I would tell your frient to go in and try to buy one. I am not the one to sit and twiddle my thumbs thinking about the what if's.... You may not know how to get there just keep taking one step after another and you'll eventually get it done

Under federal law, he is prohibited for life from squiring and possession firearms. He can petition for a pardon/purge of record from Prez Obama before Jan 2017.

TreyHouston wrote:I would tell your frient to go in and try to buy one. I am not the one to sit and twiddle my thumbs thinking about the what if's.... You may not know how to get there just keep taking one step after another and you'll eventually get it done

He would have to get it through a private sale and have it delivered to his home.

Javier730 wrote:In Texas a felon can own a firearm for home defense only after 5 years from his disposition date. No range time, or any other firearm using.

Could you please quote the statutes that outline this?

longhorn86 wrote:

Javier730 wrote:In Texas a felon can own a firearm for home defense only after 5 years from his disposition date. No range time, or any other firearm using.

Could you please quote the statutes that outline this?

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

I misread the subject and thought you needed a friend. LOL

Form 4473 asks if you have ever been convicted of a felony. If you can answer yes, it's illegal for you to buy a firearm.

Has his voting privilege been restored ? If so, he is able to buy a firearm.

casp625 wrote:

longhorn86 wrote:

Javier730 wrote:In Texas a felon can own a firearm for home defense only after 5 years from his disposition date. No range time, or any other firearm using.

Could you please quote the statutes that outline this?

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

Thanks casp625, you beat me to it.

TxRVer wrote: Form 4473 asks if you have ever been convicted of a felony. If you can answer yes, it's illegal for you to buy a firearm.

Yup that's why he would have to get it through a private sale or have his rights restored.

TxRVer wrote:I misread the subject and thought you needed a friend. LOL

Form 4473 asks if you have ever been convicted of a felony. If you can answer yes, it's illegal for you to buy a firearm.

Correct. If he answers "no," then he has committed another felony.

Chas.

Mick22 wrote:Has his voting privilege been restored ? If so, he is able to buy a firearm.

Unfortunately, this is not correct. The feds and the courts have held that firearms rights must be restored in order to be able to possess firearms. It is questionable if restoration of "all constitutional rights" is sufficient.

Chas.

Charles L. Cotton wrote:

Mick22 wrote:Has his voting privilege been restored ? If so, he is able to buy a firearm.

Unfortunately, this is not correct. The feds and the courts have held that firearms rights must be restored in order to be able to possess firearms. It is questionable if restoration of "all constitutional rights" is sufficient.

Chas.

Thanks for the clarification.

My cousin got into some trouble some years ago, however, after his rights have been restored, he can purchase a firearm.

Javier730 wrote:In Texas a felon can own a firearm for home defense only after 5 years from his disposition date. No range time, or any other firearm using. It is still against federal law though kinda like the marijuana dispensaries were (or are).

I'm curious about the definition of premises, and whether it includes land as well as buildings. If the person lived on 10+ acres out in the boonies, then they could at least get in some practice, assuming that they are OK anywhere on their own land, and not just in a building.

I'm curious as to how long, "a long time ago," is? How old is he now? I'm all for a persons' constitutional rights, but a better question is; Would any of you reading this post feel comfortable with him owning a gun, considering his past?