If you’re nagged by the question of whether or not you can get your guns rights restored after a felony conviction or other restriction the answer is usually yes. Although there are some stipulations and additional federal restrictions, even those can be lifted in some circumstances.
First and foremost, federal law is explicit in that anyone convicted of a felony, in any state, is permanently barred from owning or possessing a gun, firearm, or ammunition unless they receive a pardon or executive clemency. However, the federal government will generally honor state rulings that allow convicted felons to own firearms.
Getting Your Gun Rights Restored: Texas
Persons convicted of a felony or a misdemeanor domestic violence offense will be arrested and charged with Unlawful Possession of a Firearm if they’re found to be in possession of a firearm by law enforcement.
For Persons Convicted of Family Violence
A person convicted of a misdemeanor family assault offense can lawfully possess a firearm five years proceeding their release from jail and the completion of any probationary term associated with their case.
For Persons Convicted of a Felonious Offense
A person convicted of a felony offense may own and possess a firearm five years proceeding their release from jail and the completion of any probationary terms, with the exception being possession is limited to their home or a location in which they control.
In some cases, the Texas Board of Pardons and Paroles may recommend a full restoration of the 2nd Amendment Rights of a convicted felon if extreme and unusual circumstances can be demonstrated. A disability might fit the definition of an “extreme and unusual” circumstance. If a pardon is issued, the United States of America will recognize it.
Getting Your Gun Rights Restored: Federal Level
The best way to get your gun rights restored at the federal level is to have them restored at the state level with some form of judicial clemency.
If you’ve had a felony conviction expunged or certified for non-disclosure by successfully completing your probation, you’ll have your gun rights back. However, not every offense is eligible for non-disclosure and/or expunction and those offenses often leave the offender ineligible to get their gun rights back.
Offenses Ineligible For Record Sealing/Expungement
Criminal offenses listed below are ineligible for record sealing.
- Indecency with a Child, Sexual Assault
- Aggravated Kidnapping
- Burglary with Intent to Commit Any Above Offenses
- Compelling Prostitution
- Sexual Performance by a Child
- Possession or Promotion of Child Pornography
- Unlawful Restraint, Kidnapping, or Restraint of a Child
- Attempt, Conspiracy or Solicitation to Commit Any of the Above Offenses
- Capital Murder & Murder
- Injury to a Child, Elderly, or Disabled Individual
- Abandoning or Endangering a Child
- Violation of Protective Order or Magistrate’s Order
- Any Offense Involving Family Violence or Domestic Assault
Another way to get your gun rights restored at the federal level is by being granted a Presidential Pardon, or relief from the Attorney General. Whether relief is granted is based on the occurrence of any disabilities, the crime, and a determination that the applicant isn’t a threat to public safety. If denied, you may have grounds for an appeal and judicial review.
Avoid Complications, Contact Emily Detoto
I’ll Help You Fight For Your 2nd Amendment Right
I’m Attorney Emily Detoto, a highly practiced attorney that has represented thousands of Texans who were charged with serious crimes, or interested in learning their options to reacquire their right to own firearms.
Let’s not kid ourselves, gun rights aren’t about hunting but are about protecting you and family from criminals and a rouge state.
If you’re interested in learning about your legal options for any matter related to the state or federal criminal justice systems, contact my office at 713-227-2244.