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My question is how likely is a person to get a pardon and…

Customer Question
My question is how likely...
My question is how likely is a person to get a pardon and what rights do I have now I was convicted for possession of a controlled substance 1 to 4 grams 11 years ago and served 2.5 yrs of 5 yr probation so been 7.5 yrs since released from probation I would definitely like to have my gun rights back
Submitted: 6 months ago.Category: Criminal Law
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Answered in 6 minutes by:
12/27/2017
Criminal Lawyer: Barrister, Criminal Defense Law replied 6 months ago
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 42,596
Experience: 17 years practicing criminal defense.
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

,

Honestly, unless you know someone in power or are very wealthy, pardons are incredibly rare. That doesn't mean that it can't happen, just that it is unlikely. But you can find the application forms and the checklist for what you need to submit here:.

.

TX Clemency Application

.

.

thanks

Barrister

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Customer reply replied 6 months ago
What are my gun rights now
Criminal Lawyer: Barrister, Criminal Defense Law replied 6 months ago

A felon can possess a firearm in TX under state law, but not Federal law, only after they meet certain criteria. Texas Penal Code prohibits a felon from owning or being in possession of a firearm until 5 years have passed since their release from prison or parole. After that, they are allowed to have a firearm, but only in their home for protection.

The particular law is TX Penal Code Section 46:04– unlawful possession of firearm.

§ 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

.

So if it has been over 5 years since you have been released from any probation/parole, then you can possess a firearm in your home, but that is it.

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Criminal Lawyer: Barrister, Criminal Defense Law replied 6 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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