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  1. #1
    Join Date
    Dec 2008
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    TEXAS
    Posts
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    Default Restoring Gun Rights in Texas

    Quote Quoting blueeagle
    View Post
    Not necessarily true. Texas restores the right to bear arms 5 years after a felon pays his dues. I'm not sure if it's automatic, or if there is a process the felon must go through?
    From what I've gathered so far doing some research - Texas Civil Rights are restored automatically. Which means you are not prohibited from owning a firearm, even under Federal Law.

    But there seems to be one small catch - you can only possess the firearm at your residence. I haven't talked to a lawyer yet, but I assume this means you can't take a gun with you to a firing range or use a firearm for hunting. You can only have a firearm at home for home/self defense. *sigh*

    My sources:

    Brady Denial? by C. E. Hill, Attorney-at-Law

    Page 21

    Restoration of Civil Rights

    In many states, if you are convicted of a felony or even some misdemeanors, you lose certain of your civil rights, including the right to vote, to serve in office, or to sit on a jury. If you lose one or more of these rights by virtue of a conviction and then get these rights back, either automatically at the end of a term of probation and parole or after a certain period of time, or by some application procedure, your conviction no longer counts under federal law to preclude you from firearms possession.


    The Texas Gun Owner's Guide Alan Korwin and Georgene Lockwood

    Page 21

    A felon may not possess a gun until five years after release from prison (or from parole, or community supervision, etc., whichever is later) and then, only at the premises where the person lives (see Penal Code 46.04). A violation is a 3rd degree felony.


    Texas Penal Code 46.04

    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.
    (b) A person who has been convicted of an offense under
    Section 22.01, punishable as a Class A misdemeanor and involving a
    member of the person's family or household, commits an offense if
    the person possesses a firearm before the fifth anniversary of the
    later of:
    (1) the date of the person's release from confinement
    following conviction of the misdemeanor; or
    (2) the date of the person's release from community
    supervision following conviction of the misdemeanor.
    (c) A person, other than a peace officer, as defined by
    Section 1.07, actively engaged in employment as a sworn, full-time
    paid employee of a state agency or political subdivision, who is
    subject to an order issued under Section 6.504 or Chapter 85, Family
    Code, under Article 17.292 or Chapter 7A, Code of Criminal
    Procedure, or by another jurisdiction as provided by Chapter 88,
    Family Code, commits an offense if the person possesses a firearm
    after receiving notice of the order and before expiration of the
    order.
    (d) In this section, "family," "household," and "member of a
    household" have the meanings assigned by Chapter 71, Family Code.
    (e) An offense under Subsection (a) is a felony of the third
    degree. An offense under Subsection (b) or (c) is a Class A
    misdemeanor.

    Acts 1973, 63rd Leg., p. 883, ch. 399, 1, eff. Jan. 1, 1974.
    Renumbered from Penal Code 46.05 and amended by Acts 1993, 73rd
    Leg., ch. 900, 1.01, eff. Sept. 1, 1994. Amended by Acts 2001,
    77th Leg., ch. 23, 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
    ch. 836, 4, eff. Sept. 1, 2003.

  2. #2
    Join Date
    Dec 2008
    Location
    TEXAS
    Posts
    13

    Exclamation Re: How Can I Restore My Gun Rights (TEXAS Law)

    I should add that even though you have you Civil Rights restored, you may still fail the NICS (Brady) background check. If you do, you'll have to file an appeal.

    Brady Denial? by C. E. Hill, Attorney-at-Law

    Page 69

    If your conviction was from a state that precludes persons convicted of a felony from voting while they are in jail, or on probation/parole, but then restores that voting right on release from probation or parole, your right to bear arms has also been restored. A certified copy of the release document that states that your voting rights have been reinstated, or a copy of the statute from the time of your conviction demonstrating that reinstatement of voting rights was law, should either succeed on your administrative Brady appeal and/or should be successful in restoring your rights in federal court.

  3. #3
    Join Date
    Dec 2008
    Location
    TEXAS
    Posts
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    Exclamation ATF Form 4473

    Even the ATF Form 4473 has a "loophole" about convicted felons being allowed to buy a firearm from an FFL.

    http://www.atf.gov/forms/4473/

    Question 12 c.

    Have you been convicted in any court of a felony, or any other crime, for which the judge could imprison you for more than one year, even if you received a shorter sentence including probation? (See Important Notice 6, Exception 1)

    http://www.atf.gov/forms/4473/section12c.htm

    12c. A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had civil rights (the right to vote, sit on a jury, and hold public office) restored AND (2)the person is not prohibited by the law where the conviction occurred from receiving or possessing firearms.

    Therefore, at least in Texas, a convicted felon can legally purchase a firearm from an FFL and "possess" said firearm, but only at his residence. And only five years after he/she is released from all judicial matters (probation, jail, parole).

  4. #4
    Join Date
    Feb 2009
    Posts
    1

    Default Re: Restoring Gun Rights in Texas

    I have independently verified this through my own research. This is 100% true.

    If you want to see the statues responsible for this conclusion, I will be happy to provide them for you.

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