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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33646
Experience:  16 yrs. of experience including criminal law.
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17 years ago I was convicted of trafficking cocaine and

Customer Question

17 years ago I was convicted of trafficking cocaine and sentenced to prison. I served out an 8 year sentence in 3 years prison time and then 1 year of parole. Around 2 years after I was done with parole, I got a letter from the state of Texas saying my right to bear arms has been reinstated. (This was around 25 years ago). I could buy a gun if I wanted to. But I never did, as I never saw the need for one. Well, now, as a landlord in Upstate NY, in very shady & violent area of town (high crime rate), my wife is very concerned for my safety and insists I get a firearm in case I need to defend myself to that capacity. But this is New York. My rights had been reinstated in Texas. Different states, different gun laws. How can I find out if I, as a convicted felon (27 years ago), have the right to bear arms in the state of New York?

Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Unless the conviction was erased (via a pardon or appeal) then under federal law you are prohibited from owning a firearm. There are two different sets of laws that apply. State and federal law. Under federal law, you are prohibited from possession of a firearm UNLESS the conviction is removed (via a pardon or removal in the appeals process)

In your case, if the goal is to possess a firearm, you need to apply to the governor of TX and request a pardon. If approved, you would be entitled to possess a firearm.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that since TX allows you to possess a firearm you can, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.

I'm in the state of New York.

Expert:  P. Simmons replied 1 year ago.

I understand. Federal law applies nation wide. Unless you remove that TX conviction, federal law makes it a crime to possess a firearm in any state.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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