I was convicted of a **** charge in 1992 and served a 10 yr sentence for the offense. I’d like to purchase a firearm, what do i need to do to do so?

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I was convicted of a **** charge in 1992 and served a 10 yr sentence for the offense. I’d like to purchase a firearm, what do i need to do to do so?

Asked on May 29, 2009 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First off were you convicted of federal or state charges.  It makes a difference.

Texas law lets a convicted felon possess a firearm on the premises where he lives once five years have elapsed from his release from prison or from parole, whichever is later (Texas Penal Code Sec. 46.04). 

Federal law is much stricter.  It prohibits a person convicted of a crime "punishable by imprisonment for a term exceeding one year" from possessing a firearm.  The test is the length of possible punishment, not whether the crime is called a misdemeanor or a felony.  No exception is made for having a firearm at the home, no matter how long ago the conviction (18U.S.C. Sec. 922 (g)). 

As to how to go about purchasing the gun, the gun dealer or shop owner will have all the specifics.  Just ask them.


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