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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33759
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Is it against Federal law for a convicted felon to buy & possess

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Is it against Federal law for a convicted felon to buy & possess a AIR gun?

JD 1992 : Do you mean a pellet or BB gun?
Customer: Either.
Customer: I heard that as long as it's not a bigbore
JD 1992 : No, it isn't a violation of federal law. The feds define a firearm as "any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;"
JD 1992 : SO an air rifle doesn't meet that definition
Customer: So a bigbore is a Airgun?
JD 1992 : No, it is the type of mechanism that propels the projectile that defines whether it is or is not a firearm under federal law.
JD 1992 : However, if the projectile is .50 or larger it could be considered a destructive device.
Customer: If i understand you correctly.. As long as it doesn't cause a explosive reaction then it's ok. Last question. Is that also permissible in Texas?
JD 1992 : But I don't know of any cases where the BATF or the feds have ever pursued anyone for having an air rifle.
Customer: Last question. Is that also permissible in Texas?
JD 1992 : Yes, Texas is less restrictive than the feds. In Texas a felon can own a firearm in their home after they have been off parole or probation for five years and there are no restrictions on air guns.
Customer: Yes I know but the FED's trump them, so if the police still want to charge a person they can bring in the FED's
JD 1992 : Correct, but there are no laws on air guns.
Customer: You are awesome I wish I had this service at my finger tips back in 1996. When my stupid but got in trouble. ( Young & dumb not to meantion broke.. smile
JD 1992 : I understand. Lots of us do dumb stuff when we're young, just some people get away with it and some don't.
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