CHL in residence of Felon

[srothstein]

If the felonies were a long time ago, the felon is also clear in Texas. A felon in Texas may have a firearm in their home after five years. Note that the five years starts when the person is released from confinement, probation or parole, whichever is later.

This confuses me a bit. Under the circumstances stated a felon can have a gun in their home. Can they purchase the gun??? If I am not mistaken, I can't purchase a gun for a felon...even as a gift? Also, would this same felon be allowed to go hunting with said gun?

Thanks...I hope this isn't a hijack. I know someone who is a convicted felon and even served 6 months in prison 30 years ago.

I am not sure how he would get the gun, but it is legal under Texas law to sell him the gun also. He is not allowed to go hunting or have it off his premises though. And of course, this does not cover any federal bans on his buying or having it.

What might be an interesting court case would be for a convicted felon to argue that he is allowed by federal law to buy the gun in Texas. Federal law allows for states to restore gun rights by pardon and other ways. You could certainly argue that this law restores gun rights to felons under the right circumstances. I would not ask a felon to be the test case based on what he risks by losing, but it certainly could be an interesting case. A good lawyer would have to look furhter into it than I can and see what kind of federal case law there is on it.

[donniet]

If the felonies were a long time ago, the felon is also clear in Texas. A felon in Texas may have a firearm in their home after five years. Note that the five years starts when the person is released from confinement, probation or parole, whichever is later.

I am not sure how he would get the gun, but it is legal under Texas law to sell him the gun also. He is not allowed to go hunting or have it off his premises though. And of course, this does not cover any federal bans on his buying or having it.

Hi, guys. I have lurked in this forum for many years and have received a lot of good information. One way in which the felon might buy a gun is from an individual. As individuals we do not do background checks. I know this is perfectly legal and I tend to agree. However, it does present a scenario in which the felon could buy the gun.
One question. I am not familiar with the Texas law which allows the felon to possess the gun. Does it matter whether it is a handgun or a long gun?

[chabouk]

I recall reading about a case that took place in the upper Midwest (Wisconsin, I think) where state law allowed ex-felons to own a hunting rifle after a period of time, like Texas. A guy who'd gotten into trouble as a teenager (stealing a car and joyriding, I think) had lived a straight life for over 20 years afterwards, owned a successful small business, had a wife and kids, active in church, etc.

His joyriding buddies didn't take that path. The DEA wanted him to get back in touch with them to serve as an informant. He didn't want anything to do with the criminal lifestyle. Somehow it worked out that they looked in his truck and found his .22 squirrel rifle. It was legal by state law (he'd confirmed this with his lawyer), but the feds prosecuted him for being a felon in possession. He got two years, I think.

[almostfree]

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.

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)]