Can a person convicted of a felony 25 years ago ever legally purchase a firearm and/or obtain a concealed carry permit?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a person convicted of a felony 25 years ago ever legally purchase a firearm and/or obtain a concealed carry permit?

Asked on April 27, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Without additional action, the answer is generally no.  Once a person is considered a convicted felon, Texas law will not permit them to purchase a firearm for a number of years.  If it's been 25 years since the conviction date, however, Texas law does permit a felon to have a gun-- but only in their home.  But, keep in mind, that a person must comply with state and federal laws.  Federal firearms laws are similar, except they do not contain an exception for having a gun inn the home.  So.... even if a person could have a firearm under the state statute legally, they could potentially be prosecuted federally as a prohibited person in possesion of a firearm.  Bottom line, a 25 year convicted felon cannot purchase or carry under one or both statutes. 

The reason I included "without additional action" is that a conviction will continue to stand on someone's record until it is changed.  You cannot appeal a 25 year old conviction, but you may have some other appellate, post conviction remedies, like a writ, which could affect the conviction.  A couple of years ago, a slew of older cases got tossed because attorneys were not telling clients about the risks of deportation (Just as an example)  To know if you would be eligible for this type of post-conviction remedy, take your paperwork to an attorney that routinely handles criminal appeals.  A majority of criminal trial attorneys do not handle appeals--- so make sure you find one that knows and understands appeals--- it's a completely different beast.

Another possible avenue is a pardon by the governor.  In Texas, these are extremely hard to get because it's such a conservative state, but not impossible.  When you visit with the appellate attorney, mull over this option as well.  Sometimes a case/conviction will be wrong-- but not wrong enough for reversal with a writ.  In that case, sometimes governors will say, "okay, I'll make the record right."  Just don't hold your breath on this option.  However, if the need to carry a firearm is important, it's worth a shot.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption