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When can a felon buy gun?
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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?







Kris
Rating
legally......NO


ahsoasho2u2
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.


Chet
Rating
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.


djr92
No she cannot own a firearm after committing a felony.


candy g
Rating
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.


Lance
never again.


mercedes
As soon as she gets a pardon.







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