How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27051
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

I live in Texas and was convinced of assault family violence

Customer Question

I live in Texas and was convinced of assault family violence in 2007 I was placed on probation for 2 years and was successfully discharged my right to own a gun Was taken away under state law for 5 years after completing sentencing, I know federal law say life ban but regarding the exceptions to question 11 c and 11 i on page 4 of the atf form 4473 since my Civil rights were taken and now have been restored would I now not be prohibited from owning a firearm
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello, I'd love to be able to tell you what you want to hear, but you have lost your Federal gun rights and thanks to the Violence against Women Act and the Lautenberg Amendment, the Federal bar against your gun rights is for life.Texas will give you partial gun rights in 5 years after the completion of your sentence. But all that means is that the state of Texas would allow you to keep a gun in your house. You may not take it anywhere else, or you would be in violation of Texas law. Keep in mind, however, that Federal law trumps state law. You would still be guilty of a Federal offense if the Federal government had any reason to know that you had a gun in your home. The fact that Texas would allow it would not protect you from Federal prosecution. I am sorry to be the bearer of bad news.
Customer: replied 1 year ago.
Then why is there an exception to 11c and 11i and what good are they?
Expert:  Zoey_ JD replied 1 year ago.
The Federal government doesn't recognize the partial restoration of your rights. And there's the lifetime bar under Lautenberg. But not everyone who fills out that form has only partial restoration, nor does everyone have a crime involving domestic violence. Apply. So long as you tell the truth on the application, you can't get in trouble for it. But in my experience, you will be denied because of the nature of your conviction
Customer: replied 1 year ago.
My understanding of the Texas law that it was convicted felons have partial gun rights restored and could have possess a firearm in their home and that for misdemeanors it was a full restoration of gun rights
Expert:  Zoey_ JD replied 1 year ago.
I'm sorry. Something in your wording made me believe that your domestic assault was a felony. Yes, you'd have your full Texas gun rights back, and you never lost your other civil rights. The only real impediment is the lifetime bar under Lautenberg. Your application, in my experience, will be denied.