For christmas this year I was buying my dad a rifle and scope so we could go hog hunting. I was then informed by my mom (this was a secret for my dad) that when I was little he had a felony on his record for drinking and driving. Can he hunt in Texas? Can he get his rights restored?

Not sure, might have to check with TPW, but from what I know he cannot own a gun, I could be wrong. Not sure if he can have one in his hands if it is somebody elses. However, I know of a person with the similar situation and all he does now is bowhunt.

I think bowhunting will be out of the question. He has bad shoulders.

If that was the case, I think there would be a lot of folks (even on this forum) that would be banned from hunting.

Unless I'm badly mistaken, a DUI won't keep you from getting a hunting license...unless that person is arrested for a firearms charge during the offense. You didn't state anything like that, though.

I just called my mom to find out and she said that he was not allowed to own a gun because of the FELONY DWI charges. I am guessing because it is a felony DWI charge and not a regular DWI charge that he can't own a gun??????

Felon in procession of a firearm is a BiG NO NO!! Unless you want your pop's to land in the clinker do not allow him to go afield with a rifle! If his shoulders are to bad to bow hunt, get him a crossbow! It's still OK for Felon to hunt with as far as I know!

The Outdoor Annual addresses the question of convicted felons using firearms. Check it out.

I am pretty sure it is ANY felony conviction.

If I recall correctly, individuals with felony convictions can legally ; bowhunt, crossbow hunt or use an antique or replica muzzleloader( NOT the modern in-line variety).

Regarding getting special permission or restoring the right to hunt with a firearm:

My understanding is that prior to 9/11, it was sometimes possible to try and get special permission to be able to hunt with a firearm in some cases, but now it is virtually impossible.

This is straight out of the 2006-2007 Outdoor annual, page 54.
Possession of Firearms by felons:

A convicted felon, regardless of where the conviction occurred, may not possess or use a firearm (as defined by Penal Code 46.01) to hunt in this state. Under Penal Code 46.01, a muzzleloading firearm is lawful if it is an antique or curio firearm manufactured before 1899,or a replicaof an antique or curio firearm manufactured before 1899 that does not use rimfire or centerfire ammunition.

According to that, your Dad could use one of the Hawken reproductions, as long as it was a side lock, either flint or percussion, and could probably get by with having a scope on it. I don't know if he would be able to use one of the new in-lines.

As for getting his rights restored that would be something only a lawyer or judge copuld answer for certainty.

Yeah - and anybody that wears tatoos and earrings, too....

try a crossbow. he needs a letter from a doctor in order to hunt with it in October. also there is the drawlock for compound bows.

The legal answer would be yes due to the fact that there is in fact hunting East of Dallas, Waco and Austin

Would it not be just until he is off of probation or parole? Just a thought, he might ask tpwd like someone already mentioned or maybe ask his PO

I am to assume that you were never in the army and are then inturn not familliar with the term "barracks lawyer". Dude if you want the correct answer I suggest you do as CHC suggested and get a real lawyer.

Run as fast as you can 16 miles west.

Quote:

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Must have been worse than I thought....

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Oh yea!

http://dwiattorneyhouston.com/index0e86.html?menuitemid=109


Sometimes i think people post these questions, just to see how we respond.

Yes, but if we didn't respond to them, this wouldn't be much of a Forum now would it???

I also have a father that has felony on recored and a muzzleloader is legal. This includes the inlines. And it is not that hard to get his right to have firearms if the felony was nonvilent and over 10 years ago

Older DWI's were felonies, so it could have been the same as a misdemeanor dwi today, don't assume. Also, there are exceptions, yes I read the rule book, but there are some. I had a case a few years ago where a banker was convicted of a felony for embezzlement (not the exact title but close enough) and their rights were restored as part of the plea. I also know a doctor in Greenville that was convicted and sentenced on several tax/business related charges, both state and federal, but had a plea agreement to work as a doc in prison, then got to keep his medical license and all rights to firearms and hunting.

Best advice, contact a lawyer. I know a good one that is hunter rights advocate and very much pro-gun. PM me if you'd like his contact info, he could probably answer that one off the top of his head.