Question Regarding a felony

[stevieray54]

I have a nephew that got himself in trouble back in his younger days. He is 52 currently. His teens and 20s he spent a couple years incarcerated. Basically for fighting and half killing a couple guys from it. Fast forward he has been on the straight and narrow. Question we both know he is not allowed to possess any firearms. After let’s just say 25+ years that he could get an authorization to posse a firearm on family owned private property. I’m guessing best place to start would be with an attorney. Is this even possible. He doesn’t have a great deal of money to throw at an attorney. Anyone ever have a situation or suggestions in this type of matter. Thank you in advance

[xman59]

I have a nephew that got himself in trouble back in his younger days. He is 52 currently. His teens and 20s he spent a couple years incarcerated. Basically for fighting and half killing a couple guys from it. Fast forward he has been on the straight and narrow. Question we both know he is not allowed to possess any firearms. After let’s just say 25+ years that he could get an authorization to posse a firearm on family owned private property. I’m guessing best place to start would be with an attorney. Is this even possible. He doesn’t have a great deal of money to throw at an attorney. Anyone ever have a situation or suggestions in this type of matter. Thank you in advance

you can go online and look to see what the process is for getting those rights back, also contact the local da's office and where the offense occurred and ask them outright,,,, it is doable sometimes,,, neither of these will cost anything but a little time

[klepdo]

Yes and no.

Texas Penal Code Sec 46.04 allows for a person with a felony conviction to possess a firearm on the premises where he lives, five years after the disposition of his conviction.
However, federal law does not allow for a convicted felon to possess a firearm under any circumstances, unless he has been pardoned.
“As I tell my students, it’s very simple,” said KHOU-11 legal analyst and South Texas Law School professor Gerald Treece. “Federal law always trumps state and local laws in terms of conflict.”

[texan16]

Yes and no.

Texas Penal Code Sec 46.04 allows for a person with a felony conviction to possess a firearm on the premises where he lives, five years after the disposition of his conviction.
However, federal law does not allow for a convicted felon to possess a firearm under any circumstances, unless he has been pardoned.
“As I tell my students, it’s very simple,” said KHOU-11 legal analyst and South Texas Law School professor Gerald Treece. “Federal law always trumps state and local laws in terms of conflict.”

Federal law also says pot/weed is illegal…

[glen]

If he is wanting to hunt only modern black powder rifles with the right load are easy 200 yard weapons. Not sure if he has looked into this and legal

[tvc184]

Federal law also says pot/weed is illegal…

And marijuana is always illegal to sell or possess in this country.

The only issue is prosecutorial discretion.

It is easy to see that federal prosecutors don’t want to get tied up with a guy smoking a joint.

Would those same federal prosecutors be interested in a felon, possessing a firearm?

That, in particular in this current political climate, where they are trying to make a pistol brace a felony and for an average citizen with no criminal record?

By all means, if a person wants to test the waters, go for it.

In my opinion, the current DOJ will not treat a guy smoking marijuana the same as a felon in possession of a firearm.

[tvc184]

On family property it is not legal that possess a firearm in my opinion even under Texas law. On the property where he resides? Yes under Texas law but not under federal law.

I concur with xman, it would require a pardon to be completely legal.

[tvc184]

If he is wanting to hunt only modern black powder rifles with the right load are easy 200 yard weapons. Not sure if he has looked into this and legal

Modern?

I could be wrong but modern to me means inline muzzleloaders with the 209 primer. I thought a person restricted from owning a firearm was exempted if the firearm was a replica of a firearm made prior to 1899.

I think a modern inline muzzleloader even with black powder might still be a felony.

[RJH1]

Modern?

I could be wrong but modern to me means inline muzzleloaders with the 209 primer. I thought a person restricted from owning a firearm was exempted if the firearm was a replica of a firearm made prior to 1899.

I think a modern inline muzzleloader even with black powder might still be a felony.

Inline muzzleloaders are not "firearms," are sold without nics, as long as it's not something like a T&C encore where the barrel can be swapped with a cartridge barrel


Edited to add: after a little more research it gets pretty stupid LOL. If you're prohibited from owning a firearm, you can still own an inline muzzleloader as long as it doesn't accept cartridge barrels, on that I was correct. The issue lies in that felons can't have ammunition apparently either, and while that would seem to not make a difference it does as shotgun primers are apparently considered ammunition. Percussion caps however are fine.

So if you're a felon and decide to get you an inline muzzleloader, apparently you need to make sure that it takes percussion caps and not shotgun primers. That's pretty wacky

[warrington]

The 40 caliber air rifles are good out to the100 yards. And accurate

[DRT]

Inline muzzleloaders are not "firearms," are sold without nics, as long as it's not something like a T&C encore where the barrel can be swapped with a cartridge barrel


Edited to add: after a little more research it gets pretty stupid LOL. If you're prohibited from owning a firearm, you can still own an inline muzzleloader as long as it doesn't accept cartridge barrels, on that I was correct. The issue lies in that felons can't have ammunition apparently either, and while that would seem to not make a difference it does as shotgun primers are apparently considered ammunition. Percussion caps however are fine.

So if you're a felon and decide to get you an inline muzzleloader, apparently you need to make sure that it takes percussion caps and not shotgun primers. That's pretty wacky

The devil's in the details. Thank you for posting this.

Sent from my Nokia XR20 using Tapatalk

[Man]

We are trying to figure this out for my brother in law as well. How does one go about getting a "parden"?
Is this something a lawyer can help do? If not can a lawyer help to have the conviction reduced to a misdemeanor A long after the fact ? (10-20years)

He hunts with a crossbow now, but we would all love for him to be able to hunt with a rifle one day.

[RR 314]

We are trying to figure this out for my brother in law as well. How does one go about getting a "parden"?
Is this something a lawyer can help do? If not can a lawyer help to have the conviction reduced to a misdemeanor A long after the fact ? (10-20years)

He hunts with a crossbow now, but we would all love for him to be able to hunt with a rifle one day.

With very few exceptions, pardons are granted to family members of those who give very large political contributions.

[dgilbert]

He can not, he has to file ti het his right back.

[MtnMike]

The 40 caliber air rifles are good out to the100 yards. And accurate

^^^^^This is what I would do under the same situation^^^^^