Felon (from 25-30 yrs ago) buying and using guns?

Been trying the goggle-fu here, and came up more confused than I started?

Have a buddy who did some silly stuff, when we were in H.S. Nothing major, but he's the one that got caught. So, while the rest of us shipped off to our Uncle Sam, he had to wear a goofy bracelet for a couple months.

Fast-forward 25-30yrs, and my bud is a pillar of the community... 3 near-grown daughters, thriving business owner, squeaky-lean record, etc. As luck would have it, he also relocated to Texas. Of course, spending time with me again, he now has the gun/hunting bug. So, wondering what the laws are?

Basic questions
1. Can he buy a rifle/shotgun?
2. Can he buy a pistol?
3. Can he hunt with said implements, or go to a gun range?

Ones I expect will get a "no
1. Can he apply for concealed carry?
2. Can he be on my NFA trust?
3. If he's not on my trust, can he use said items when we're together?
4. Were we to get a lease, would there be an issue with me having a couple items on-premise, in a locked safe, when I'm not around?

These are all questions that intrigue me....

Can he buy a gun? No. After 5 years of being released from prison, and/or 5 years after his parole is completed if he had any he can have a gun in his house for protection. The gun can not leave the house in his possession.

Can he be on your NFA trust? No.

Can he hunt with a gun or shoot one at a range? Yes, but only if you and him are attatched at the hip.

Your friend needs to talk to a county judge where he currently resides, that judge can sign off on a waiver to have his record expunged, which would then allow him to buy and poses a firearm.

great info, in my two cents if there is a grey area stay on the conservative side.

Black Powder or Muzzleloader?
The technology has advanced so far that I dont think you would be hindered by distance. Possibly ease-of-use would be a factor, but dead is dead to an animal.

I've been practicing law for 35 years and there is some really bad information above.

Can he hunt - No, and it doesn't make any difference how close to him you are. He can not be in possession of a gun outside his personal residence (see 5 year first response above) - AT ANY TIME - PERIOD!!!

Same thing for gun range - NO - PERIOD!!

County judges do not have judicial authority to grant expungement - ONLY DISTRICT JUDGES CAN DO THAT!!

Expungement does NOT restore the right to own and possess firearms. Only a PARDON or RESTORATION OF RIGHTS signed by the GOVERNOR can accomplish that and Perry doesn't give them to anyone. The chances of getting Perry to sign off on pardon or restoration of rights in nil.

Additionally, even if Perry signed off on a pardon or restoration of rights, that still does not deal with the FEDERAL loss of rights to own or possess a gun that occurs when you get a felony conviction. In reality a convicted felon following the Texas 5 year possession rule in their residence is still committing a federal felony.

I suggest you call a criminal attorney and get more detailed information.


Shoe clerks practicing law!!!!!!!!!

He can only hunt with a bow or pre 1899 style muzzleloader, no inlines.

Amazing how many people seek legal and medical advice on this forum. Might as well take your firearm down to the local tractor dealer and let him perform a trigger job. Certain he has a file and hammer somewhere in his shop.

LEOs seem to be the worst about giving faulty info. Used to be illegal to practice law without a license.

i have a friend with the same issue, has applied for restoration of rights. its a long process but worth it to make sure one doesnt end up back in front of a judge

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 replica of an antique or curio firearm manufactured before 1899 that does not use rimfire or centerfire ammunition.

http://www.tpwd.state.tx.us/regulations/outdoor-annual/hunting/general-regulations/means-and-methods

Good point, but sir, what about What about our own State Laws....would not they supercede Federal laws on the cause of a States Autonomy??? Anyways...my limited experience on this issue as it did come up from time to time when I worked with nothing but TDC/TDCJ clients for 18 years (I was former (LCDC/CCJP)...some of them were allowed to use Black Powder and Archery.Some of the POs didn't want their caseload having even a simple pen knife! I'm thinking of one now that has served over 20 years in 2 visits, that did bow hunt and had ball n cap revolver per PO approval! Say didnt John Wesley Hardin use a Revolver?
FWIW Texa Penal Code 46

I hear you but wouldn't hold out to much hope. Went through this last year with a good friend that had a felony dwi 15 years ago and completely quit drinking. Even went to a board of pardons and parole specialist lawyer in Huntsville that works almost exclusively with the board of pardons and paroles. He said chances of getting Perry to restore rights were nil. Perry is a hard case on this issue.

Sorry, but actually it's exactly the opposite. Federal law is the supreme law of the land and Federal law ALWAYS trumps state law. This really isn't a conflict of laws however. You could technically be prosecuted in both state and federal court for being a felon in possession. The state just chooses to give you a pass on their law if you have a gun you home after 5 years, the feds don't. Would they prosecute, don't know, it would be up the the U.S. Attorney in the violation district and his exercise of prosecutorial discretion.

yep, pretty much. Same thing goes when people are seeking real estate advice on here.


so much mis-information is funny

Part of the thing I love the most about this forum is that you can ask pretty much anything in the world here... and if you have the time and patience to weed through the BS posts from people who don't really know but just have to post something, you will find a person who has been through or done what your doing or is a professional and will be willing to help you out. Just don't take every response at face value. Some people always say call a lawyer... well if I called a lawyer or hired a RE agent or... etc. every time I had a question I'd be flat broke. Simple research and common sense can take you a long ways.

^^^^^this

yep theirs guys on this forum that can fix anything from the crack of dawn to a broken heart

Federal law trumps state law. Whereas the state law does have that time span after which a felon can possess a firearm
in his home only, there is no such time span in the federal law. The only way to remove the federal disability is through a pardon, restoration of civil rights, or if the conviction was expunged or set aside. See link below.

https://www.atf.gov/firearms/faq/general.html#firearms-relief