TX citizen; I want to have my Firearm Rights restored. I am unsure of the most effective & prompt method or means of doing so.

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I am a Texas citizen and former felon. I was incarcerated from 1992 to 1998 on a non-weapons & non-drugs-related charge. Discharged from parole in 2007 (fully compliant with the parole division throughout that duration) I have remained a fully-law-abiding TX citizen the entire 15 yrs since release from TDCJ; have been a registered voter 6 yrs; have been married 8 yrs; have two children; have owned a home 8 yrs; and have remained a gainfully employed, responsible head of my household. I want to have my Firearm Rights restored, but am unsure of the most effective & prompt method or means of doing so. Can you help?

Attorney Answers

2
Alan Brinkmeier ·
The gun laws from where you live will govern you. All 50 states must follow the federal gun law possession ban. In your state, when you are looking to possess a gun, you will run into it as well. Federal law prohibits gun possession by any of the following groupings of people. This is true no matter what your state law says: (1) Convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) Fugitive from justice; (3) Unlawful user of or addicted to any controlled substance; (4) Adjudicated as mentally defective or has been committed to a mental institution; (5) Alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa; (6) Discharged from the US military by dishonorable conditions; (7) A former citizen of the United States who has renounced US citizenship; (8) Subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or (9) Convicted of a misdemeanor crime of domestic violence .... Cannot lawfully receive, possess, ship, or transport a firearm. If your convictions fall into any of these groupings, as a practical matter under federal law, you can never legally own a gun again no matter what Texas law says. So before some lawyer tries to convince you to file a form and pay a fee and go to court, make sure you understand that federal law must be followed by all 50 states.
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David Walters ·
Unless you were convicted of in federal court, Texas has a process to apply for relief from firearms disabilities for state felony charges. Restoration of civil rights is determined by the jurisdiction of the conviction. Beecham v. United States (below). Consult a locally licensed attorney who is familiar with this area of law. A firearms law, second amendment, or criminal defense attorney should be able to assist you.
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