Q: How can a person apply for relief from Federal firearms disabilities?
Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GCA provides the Attorney General with the authority to grant relief from this disability where the Attorney General determines that the person is not likely to act in a manner dangerous to the public safety and granting relief would not be contrary to the public interest. The Attorney General delegated this authority to ATF.
Since October 1992, however, ATF’s annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.
[18 U.S.C. 922(g), 922(n) and 925(c)]
Q: Are there any alternatives for relief from firearms disabilities?
A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.
Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR 1.1-1.10 specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney’s Office at the U.S. Department of Justice, 500 First Street, N.W., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.
Persons convicted of a State offense may contact the State Attorney General’s Office within the State in which they reside and the State of their conviction for information concerning any alternatives that may be available, such as pardons and civil rights restoration.
[18 U.S.C. 921(a)(20) and (a)(33)]
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Return to “CHL in residence of Felon”
- Mon Feb 08, 2010 1:37 am
- Forum: General Texas CHL Discussion
- Topic: CHL in residence of Felon
- Replies: 18
- Views: 2408
Re: CHL in residence of Felon
There is a federal program adminstered by the ATF that is supposed to allow felons to petition to have their right to keep and bear arms restored. Congress refuses to fund it, so it does not work as it is supposed to.
- Fri Feb 05, 2010 1:46 pm
- Forum: General Texas CHL Discussion
- Topic: CHL in residence of Felon
- Replies: 18
- Views: 2408
Re: CHL in residence of Felon
It is my understanding that while state law allows a convicted felon to have a firearm in their home after five years, federal law does not allow it. Thus, a convicted felon that has had five years since their unconditional release that has a firearm in their home would have to be charged under federal law. Whether a local LEO would take the trouble to have somone charged under federal law is a different story. As far as giving a felon a firearm as a gift, that would be a felony under federal law.
As far as the original question goes, unless you make the felon aware that you are carrying and then give the felon access to your firearm, you are ok. Even if they don't know about, however, they could still be charged with felon in possession of a firearm. I don't have any specific instances to offer, but I have heard second-hand (through firearms forums) of situations where a felon was riding in car with someone that had a firearm (and did not know about it) and will still charged with that.
As far as the original question goes, unless you make the felon aware that you are carrying and then give the felon access to your firearm, you are ok. Even if they don't know about, however, they could still be charged with felon in possession of a firearm. I don't have any specific instances to offer, but I have heard second-hand (through firearms forums) of situations where a felon was riding in car with someone that had a firearm (and did not know about it) and will still charged with that.