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Restoring Rights With a Felony Drug Trafficking Record

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  • 11-28-2012, 07:14 PM
    pallee1
    Restoring Rights With a Felony Drug Trafficking Record
    My question involves civil rights in the State of: Texas

    I was convicted of a Class C felony in 1984, arrested by border patrol, and was convicted, served 4 years probation, which ended in 1989. I have never tried to buy a gun since. I have heard that in Texas, it is legal for a convicted felon top own a gun, but not to carry it outside the home. I( have also heard that in TX this is limited to pistols, and shotguns/rifles are OK.

    My question is, will I get in trouble even trying to buy a firearm? I have run background checks on myself, and my felony never appears. Perhaps this is due to the fact it is a federal offense.

    What are my rights in this case?
  • 11-28-2012, 10:26 PM
    Lehk
    Re: Restoring Rights With a Felony Drug Trafficking Record
    the only way for a federal felon to restore gun rights is a presidential pardon.

    illegal possession of a gun by a felon is punishable by 10 years in federal prison.

    i don't know off the top of my head what the penalty for lying on the instant background check form is, but it won't be gentle and probably will involve numerous years of eating prison loaf
  • 02-10-2013, 12:29 AM
    nite_riderusa
    Re: Restoring Rights With a Felony Drug Trafficking Record
    Here is a site that explains it best.

    http://www.justice.gov/usao/eousa/fo...9/crm01435.htm



    (here is some of the text) "With respect to Federal felony convictions, the Supreme Court declared in Beecham v. United States, 511 U.S. 368 (1994), that only Federal law can nullify the effect of the conviction through expungement, pardon, or restoration of civil rights. This is so, the Court ruled, even though there is no Federal procedure for restoring the civil rights of Federal felons".

    You may be able to seek injunction in a Federal Court. In Washington State, Felons were in a similar situation where some felons were required to obtain a "Certificate of Restoration" before they could have their gun rights restored. The problem was, that the state had no such document and no way of earning it. It was a catch 22 for those seeking to have "all" Civil Rights restored. Finally the Supreme Court of the state gave the States Attorney General and the Legislature a warning that if the state did not come up with a path to restoration, the court would do it for them. Well the state failed to do anything about that warning and in Washington State Supreme Court Case# 82557-2 State vs R.P.H. The Supreme Court ruled that because the state had released R.P.H. from the need to register, that it was an equivalent action to a "Certificate of Restoration". So R.P.H. received his rights back. It may be possible that you can find a lawyer willing to invest the time and money to do the same in a U.S. Federal Court. It's worth a try. Good Luck.
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