If I have a felony DUI but have been off probation for 7 years and have not been an any legal trouble since, can I get my gun rights back?

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If I have a felony DUI but have been off probation for 7 years and have not been an any legal trouble since, can I get my gun rights back?

Asked on May 21, 2013 under Criminal Law, Texas

Answers:

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

Answered 7 years ago | Contributor

If the felony DUI was a strait probation (which by law it should have been), then you can only possess a firearm at your place of residence under Texas law.  You cannot possess a firearm away from your place of residence under Texas law.   Keep in mind, however, that federal law is different-- you cannot possess a firearm at your home or away under federal law.  Many local law enforcement officers aren't savvy on federal law-- so don't arrest for it-- but it is a risk that a convicted felon takes when possessing a firearm.

The only way to get your rights back is to somehow have the conviction undone or pardoned.  Both are extremely hard and rare.  However, if you really want to pursue the either option, visit with a criminal appellate attorney to see if any exceptions would apply to your case.

IF you were on deferred adjudication for the DUI, then you could possess the firearm since you were never convicted of the felony and are no longer subject to the indictment. 


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