Criminal Law Questions? Ask a Criminal Lawyer.
Good morning, I am a Criminal Defense and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. Please allow me just a few minutes to prepare some information for you, thank you!
Thanks for your patience! Even though this was a non-violent felony conviction, it unfortunately still counts as a felony as far as gun rights are concerned, meaning he cannot own a gun.
However, there is a silver lining. Texas law DOES allow him to have a gun in his residence, 5 years after the date of his conviction. I know 5 years may seem like a long time to have to wait, but at least Texas lows provide for this caveat, and it's not an outright permanent ban.
The only other option for having his gun rights restored, is to get a pardon from the Governor. However, these are rarely ever granted, and the process can be very lengthy and expensive. My recommendation is to wait out the 5 years, and then go from there.
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