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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27119
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was convicted in 2006 for felony ( misappropriation of

Customer Question

I was convicted in 2006 for felony ( misappropriation of funds) and sentenced to 10 years. Served 4 and was released in 2010. Successfully completed parole in 2016. Since it has been 5 years since my release, can I buy a shotgun for hunting? I live in Texas
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Texas! Embezzlement/misappropriation of funds
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I successfully completed my sentence in 2010 and was released. Parole completed in 2016
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 9 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I compose a reply for you.

Expert:  Zoey_ JD replied 9 months ago.

Unfortunately, I'm not going to be able to tell you what you want to hear.

Texas will restore partial gun rights 5 years after the completion of your sentence. But all that means is that you can keep a gun in the house in Texas. You may not take it anywhere outside of the home.

Also, the Federal government does not recognize a partial restoration of gun rights. That means you would not be able to pass a NICs check. You would have to obtain a gun through a private sale. And even though you have a rights to have a gun inside your home in Texas, you could still be guilty of a Federal offense if for any reason the Federal government had reason to find it there.

The Federal government will restore your gun rights after an expungement, set aside or pardon. But in Texas, you would have to be pardoned first to get your conviction expunged.

So to get your full state and federal gun rights back, you'd need to get a pardon from the governor of Texas. Any former Texas offender can apply for one without the need of a lawyer. You can read more about this here.

Pardons are hard to get, but once you have one, the Federal government will lift their bar against your gun rights and your state and Federal rights will be restored in full.

Customer: replied 9 months ago.
According to Federal ATF 4473, once my civil rights have been restored, after completion of sentence, I am able to purchase gun. It says if you successfully completed your sentence then answer NO on the questionaire whether you have been convicted of a felony or not.
Expert:  Zoey_ JD replied 9 months ago.

Yes, that's true. But your civil right have NOT been restored, so you still have to answer yes.

Texas will give you your right to vote back two years after you complete your sentence. And you get your right to have a gun in your home only after 5. But all of your other civil rights, such as the right to sit on a jury or to run for office, are only restored by a pardon from your governor.

Expert:  Zoey_ JD replied 9 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.