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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11944
Experience:  Licensed Texas General Practice Attorney
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Can a Texas felon be in a gun store after his rights have been

Resolved Question:

Can a Texas felon be in a gun store after his rights have been reinstated
Submitted: 1 year ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Yes, so long as the restoration of rights is both on the Federal and state level (Federal law restoration does not apply to violent crimes and other certain crimes). But even if you don't have restoration, you can still be present in the gun store, so long as you don't actually possess any of the guns.

ScottyMacEsq :

The law prohibits "possession". There's the possibility that it could be argued that being in the store is "constructive possession" but that has not been tested.

Customer:

its my mother and fathers store. Can i work there to help them?

ScottyMacEsq :

I don't see why not. "Constructive possession" typically applies in situations where you live with someone who owns a gun, etc... Possession typically means "dominion" over the article, not merely handling it. Now to be entirely certain you would want to verify that your rights were actually reinstated.

ScottyMacEsq :

Another thing that you should do is to check your FBI record:




You may obtain a copy of your FBI Identification Record by sending a request to:




Federal Bureau of Investigation
CJIS Division
Attention: Record Request
1000 Custer Hollow Road
Clarksburg , WV 26306




You are required to provide the following :




1) Your written request.




2) Payment for the $18 processing fee, either by certified check or money order made payable to the U.S. Treasury, or a credit card. For credit card payment information, visit the Identification Record Request website.




3) A current, original tenprint fingerprint submission (not previously processed) taken by a local law enforcement agency and bearing your name, date of birth, and place of birth. Key information needed is magnified below.




What will I receive?




In accordance with regulations established by the U.S. Department of Justice, the FBI’s CJIS Division is empowered to furnish an individual with a copy of any record in our Criminal File pertaining to him/her or to advise the individual that no such record exists. In instances where a criminal history record exists in our Criminal File, the FBI Identification Record itself serves as our official reply. When no record is found, a dated “No Arrest Record” stamp, placed on the back of the fingerprint card the individual submitted for the Criminal File search, serves as our official reply.




How do I challenge my record?




If, after reviewing your record, you believe it is inaccurate or incomplete, you may challenge the record by contacting the agency (or agencies) that originally submitted the information or by sending your challenge to the FBI’s CJIS Division, Attention: Correspondence Group, 1000 Custer Hollow Road, Clarksburg, WV 26306. The Correspondence Group will contact the appropriate agencies in an attempt to verify or correct the challenged entry for you. Upon receipt of official communication from the agency with jurisdiction over the data, the FBI will make appropriate changes, if necessary, and notify you of the outcome. Updating your FBI criminal history record can include having final disposition data entered, cases expunged, pardons entered, a conviction level changed, or rights restored. When challenging, you should submit any supporting documentation you have in your possession that indicates the final outcome of the arrest(s).




Your FBI Identification Record may not reflect all instances in which you were arrested and fingerprinted. The FBI maintains criminal history records voluntarily submitted by local, state, federal, and certain international agencies. You may need to contact the arresting agency or the repository of the state in which the arrest(s) occurred for criminal history record information. A state repository is responsible for maintaining and updating state criminal history records.




Frequently Asked Questions




What is the processing time?




The FBI processes requests as quickly as possible; however, please allow several weeks for processing. You can obtain an estimate of the current processing time by calling(NNN) NNN-NNNN




Can the FBI send the results to someone (or an agency) other than me?




Under the U.S. Department of Justice Order 556-73, the results must be returned to the requestor or his/her designated legal representative. A notarized authorization to release the results to the legal representative must accompany such a request.




Where can I get my fingerprints taken?




Local, county, or state law enforcement agencies may take your fingerprints for a fee. Also, some private companies offer this service—check the business listings in your telephone book.




Why was I told there was a problem with my criminal history but I received my fingerprint card stamped “No Arrest Record?”




There are several instances in which this might occur, such as:




1) Removal of arrest information may have been authorized since you were advised of the record problem.




2) A previous search was conducted with a name and physical description only, and the descriptive data you provided matched or was very similar to that contained in another individual’s record. Positive identifications are made by fingerprint comparisons.




3) The arresting agency may not have supplied the information to the FBI. You will need to contact the state repository in which the arrest occurred.




For additional information concerning your record request and the challenge process, please contact the Customer Service Group at(NNN) NNN-NNNNor visit the Identification Record Request website.




Additional Concerns




Firearm Background Checks




The Correspondence Group cannot access National Instant Criminal Background Check System (NICS) information or comment on firearm-related issues. The NICS Customer Service can be reached at 1-877-FBI-NICS (324-6427) for firearm issues only or visit the Identification Record Request website.




Licensing and Employment Background Checks




Certain background checks for licensing and employment must be conducted through specific state and federal channeling agencies. Contact the requiring agency for correct procedures.


ScottyMacEsq :

But assuming that your rights were reinstated according to Federal and state law, I don't see any reason why you would not be allowed to work legally at the store.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Ok. Thank you so very much

ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11944
Experience: Licensed Texas General Practice Attorney
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