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Q: Gun rights restored ofter a felony conviction in the state of Texas ( Answered,   1 Comment )
Question  
Subject: Gun rights restored ofter a felony conviction in the state of Texas
Category: Miscellaneous
Asked by: james6436-ga
List Price: $25.00
Posted: 07 May 2006 02:39 PDT
Expires: 06 Jun 2006 02:39 PDT
Question ID: 726243
My question is this: I received a 1 year sentence. I was convicted of 
mail fraud.  I served 8 months in a Federal Camp and was on probation
for 1 year and completed it with no problems. My conviction is now
approx 7 years ago. I live in Texas.  My voting rights were restored
quickly after completing probation, I am in the Vending Business and
I was able to apply for my Amusement License and received it, the requirement
to receive the Amusement License was that after 5 years from the date of 
conviction and completion of any probation you are allowed to apply and
receive an Amuesment License.  My only other request due to my occupation
carrying large amounts of money, can I legally buy a gun or rifle. And/or
is there a special prevision because of my line of work carrying sums
of money to have my Gun rights restored ofter a felony conviction in
the state of Texas.
Answer  
Subject: Re: Gun rights restored ofter a felony conviction in the state of Texas
Answered By: hagan-ga on 11 May 2006 13:45 PDT
 
Hello James.  I have mixed good and bad news for you.  Since the
supervision attendant to your conviction ended more than five years
ago, it appears that you can own a firearm -- but you cannot carry
one.  You can keep the firearm only at home.  See Section 46.04(a)(2)
of the Texas Penal Code at
http://www.capitol.state.tx.us/statutes/pe.toc.htm; see also the
discussion at http://www.packing.org/state/documents/texas_php1YuaPT_texasfirearmsprimer.pdf
(scroll down to page 9).

There is a process in Texas by which your civil rights can be
restored.  You indicated that your conviction was for mail fraud, and
you served your sentence in a Federal camp.  This indicates to me that
your conviction was under Federal law.  Texas has a "First Offender
Restoration Process" for federal offenders with only one conviction,
as long as the conviction did not involve drugs, guns, violence or
firearms.  Under this process, the Governor may restore the offender's
civil rights under Texas Code of Criminal Procedure, Section 48.05.

"Federal and foreign first offenders become eligible for restoration
of rights three years after federal convictions, and two years after
foreign convictions. Offenders may apply either to local sheriff, who
sends it on to the Board, or directly to the Board, which conducts a
paper review.
Contact: Maria Ramirez, Board of Pardons and Parole, 512-406-5852,
maria.ramirez@tdcj.state.tx.us"
See:
http://72.14.207.104/search?q=cache:Wdiin5YYWZgJ:www.sentencingproject.org/pdfs/rights-restoration/Texas.pdf+texas+felony+rights+restored&hl=en&gl=us&ct=clnk&cd=2

I hope this information has been helpful.  Please let me know if I can
provide any further information.  Best of luck.
Comments  
Subject: Re: Gun rights restored ofter a felony conviction in the state of Texas
From: daniel2d-ga on 07 May 2006 20:32 PDT
 
Why don't you ask the licensing authority?  The best would be to apply
for a presidential pardon.

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