Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law Enforcement & Police

When can a felon buy gun?
Find answers to your legal question.

When can a felon buy gun?

My wife was convicted for a drug felony charge in South dakota (illegal possesion of hydrocodone), she was a nurse at the time and had her license revoked, she did her sentence and completed her parole. Now 5 years after her parole has up, we now live in texas. Is she legally able to own/ purchase a gun?


YES she can: Texas Law 10.46.04: Unlawful possession of a firearm (a) a person who has been convicted of a felony commits an offense if he possesses a firearm; (1) after conviction and BEFORE THE 5TH ANNIVERSARY of the persons release from confinement following conviction of the felony; or the persons release from supervision under community supervision, parole, or mandatory supervision, which ever is later. Since she has met the 5th year requirement YES SHE CAN. State Laws supercede Federal laws on the cause of a States Autonomy. Many states have in the last 10 years restored all rights taken away as a convicted felon one served or after release +/- years described by said state.

Yes she can. There is so much misinformation about felons and guns. Under Texas law a felon CAN own a firearm 5 years after all punishment is served. Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.04 No where in the United States Code Title 18 Chapter 44 § 922 does it say a felon can not own a firearm. It states that someone can not "sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe" that the person has been convicted of a crime punishable by confinement for more than one year. So don't believe anyone that states something is against the law and can not produce the actual section of the law. Tell a lie enough and people will believe it. That is what the news does with felonies and firearms. (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html So no dealer can sell her one, she must buy one from an individual and only have it at home.

Leslie S
The only way she can buy a gun is to be found not guilty in a retrial or get a pardon from the Governor of SD or the President. If any of those things happens she is no longer a convicted felon. Then and only then can she buy a gun.

No she cannot own a firearm after committing a felony.

candy g
nope she can not buy one NOR can she live in a house that has them.....sorry but that felony is going to haunt you both for the rest of her life.

never again.

As soon as she gets a pardon.

Legal Discussion Forum

 Could I Get fined or arrested/expelled for this?
One day, I was at my girlfriends place. All we did was make out on the bed. Unfortunately my loser friend was there and taped it on her laptop without my knowledge. I decided to leave because we were ...

 my dad got charged with these charges but it's in code, can someone tell me what the mean?
my dad got arrested and i was able to find his inmate number and i searched it on the jail facility that he is at, and i want to kow what these charges mean Charge(s) CodeDescription HS 11351 + F ...

 Do I have a chance? Question for people with gun knowledge.?
Ok so 2 years ago I got pulled over and arested I allowed a cop to search my truck. I had a switchblade in the trunk. No drugs or booze just that knife That is what he arrested me for. That was a ...

 Al Sharpton, was caught in an FBI sting selling an undercover 10 kilos of cocaine, I cant find the video?
It seems as though when he threatened HBO with a 500 million dollar lawsuit, the whole internet dropped it. I find it hard to believe that the government can't stop wiki leaks, but Rev. Al can ...

 Are there surveillance cameras in small streets?
My car has been stolen outside my house but I'm not sure who stole it. My street is pretty small so I'm not sure if they have surveillance cameras out there. Can anyone help me answer this ...

 How to drug dealers make such big profits?
From what I know about drug dealers, they are descently wealthy. My guess would be, an entry level dealer probably makes around 100k per year. But how? Well ok they sell drugs. But where do they buy ...

 Is 40 too old to become a cop?

 What is a Police Academy like?
I've been wanting to experience what Police Academy life is like but I can find very little information. Most of what I find just says you have to go through it in order to be accepted to a ...

 So this guy told me that he rapes young girls to bring them closer to God...?
He told me on facebook.. I am not 100% that it is a real profile or just a troll, but if i report this will it be taken seriously? I did say some mean things back, but nothing illegal so idk if I ...

 I want to work in executive protection?
I am 23 years old and I have my California Guard Card. I have been working in security for 5 years, what else would I need to get to work in Executive Protection? I know I would need a firearms ...

 Is it easy to go into law enforcement after the army?? FBI, CIA, DEA, etc.?
I am debating on going with the Army's officer commission program. I have a BA in Mathematics and can speak English, Korean, (learning Spanish) and want to go into law enforcement. I applied to ...

 Does it strike you as odd : Philip de Figueiredo is extradited to Australia by a Jersey court ? I doubt if?
court ? I doubt if he'd committed an offence under Jersey law. And why would Jersey judiciary give a fig about Australia allegations of tax-dodging ? Unless they were pressured in some way....

 the cops came to a house...?
The cops came to a house...? i was at, and it was the house of a family that was away. they never came inside by when they came, my car was parked in the driveway, and i believe they took a few ...

 Is it best to run away from the police after the police approaches you and you did nothing wrong?
If the police approaches you on the street and thinks you was involved with someone in a crime while it was in fact that you wasn't involved with anyone, is it better to run away from the police ...

 Can you be arrested for this?
Okay so long story short, a couple of my friends made a fake facebook account with the same photo of the guy and the same name, they were on the profile saying nasty/rascist things to people ect, one ...

 Is it a bad ideas for states to get rid of death penalty?
In general I think the worse a crime is the more the punishment should be. Therefore I think it is unfair to give someone who kills 3 people or cause a terrorist act the same punishment as a ...

 What is the difference between a CSI, detective, and forensic scientist?
please correct me if I am wrong or if you have additional info..... a CSI colelcts evidence which is turned over to people at a lab. these people are the forensic scientists. a detective is the ...

 My dad's car when he is not here?
my name is on the insurance and my dad said I can not drive that vehicle but he did not state in case of an emergency. can my aunt declare me stealing the vehicle if I took it to drive for emergency ...

 Where in Colorado can i own 4 dogs and 1 cat?
Earlier this week i had gotten 2 of my 4 dogs taken away because the laws of Westminster you may only have 3 dogs/cats. I would really like to move somewhere where i can keep my 4 dogs and 1 cat ...

 where can i find active arrests warrants for free?
sometimes i meet people whom i feel i would like to find out if they have a warrant for their arrest or not. i have met people whom i have found out later on that they had an warrant for their ...

Copyright (c) 2009-2013 Wiki Law 3k Sunday, February 14, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links