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Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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I was convicted of a felony 12 years ago(in Texas). I spent

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I was convicted of a felony 12 years ago(in Texas). I spent 10 months in state jail after not living up to my probation requirements. I was 18 years old, had no place to live, no job, and my parents wanted nothing to do with me. I am now a 32 year old geophysicist working at a major oil company. I realize that it is impossible to get my felony taken off of my record, but I am getting married in 27 days and I would like to know if it is possible to purchase a gun to keep at home in order to protect my family. Any steps I can do to improve my situation as it pertains to my past, I am happy to move forward with. Thanks!
BranXXXXX XXXXX XXX@XXXXXX.XXX
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 4 years ago.
Hello,

Unfortunately both Federal and State law prohibit a convicted felon from purchasing or possessing a gun. You would only be eligible to purchase and possess a gun if your conviction was expunged. Under the rules of the State of Texas, the only way you can do that in your circumstances is to receive a pardon. If you do receive a pardon, you could then apply for an expungement and once that was approved you would get your gun rights back. If you want to learn more about the possibility of pursuing a pardon you can go to the State's website at: http://www.tdcj.state.tx.us/bpp/
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17596
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 2 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

Is this not true?

 

Texas Penal Code 46.04 states that Texas law lets a convicted felon possess a firearm on the premises where he lives once five years have elapsed from his release from prison or from parole, whichever is later.

Expert:  Marsha411JD replied 4 years ago.
Hello,

The statute that you cited is not a permissive statute. In other words it is a statute that is prohibitive in nature and address whether or not it is unlawful to possess a firearm.

If a State law conflicts with a Federal law, then the Federal law controls. Below please find a subsection from 18 USC section 922 that governs the sale of firearms. That subsection makes it a crime to give or sell a firearm to a felon. The law also prohibits a felon from possessing a firearm. You can see the entire statute, which is quite lengthy at: http://codes.lp.findlaw.com/uscode/18/I/44/922 In addition, the Supreme Court has been quite clear in their holdings that the Federal ban on the possession of a firearm by an felon is lawful.

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person - (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
Customer: replied 4 years ago.
I only spent 10 months in state jail. I thought since I had not spent more than a year in jail I could possess a firearm. No?
Expert:  Marsha411JD replied 4 years ago.
I'm sorry but the rule is that the crime must carry a potential penalty of one year or more. That is how felonies are determined, by their potential sentence, not by the length of time a person convicted spends in jail. Misdemeanors can only carry a maximum punishment of less than a year and felonies are punishable by one year or more. So, if you were actually convicted of a felony, then the length of time you spent in jail is not relevant to this issue.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17596
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 2 other Criminal Law Specialists are ready to help you

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