San Antonio, TX asked in Criminal Law, DUI / DWI and Federal Crimes for Texas

Q: 5 yrs after completing probation a felon of a DWI is allowed to have gun rights back. Am I allowed to hunt with shotgun

I completed my probation in 2013 and in 2018, by Texas law, I am allowed my gun rights back. From what I understand, A felony DWI in Texas is not a Federal crime, so that would mean that In Texas I would be allowed to hunt with a rifle or shotgun, correct? I just need some clarification.

Thank you.

3 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Federal law prohibits a convicted felon from ever possessing a firearm of any kind

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: It would be a violation of federal law for you to be in possession of a firearm or ammunition and it would also be a violation to give, sell, or otherwise transfer one of them to you.

Any offense for which the state could sentence you to more than one year of incarceration counts as a felony for the purposes of federal firearm laws, no matter how it is classified by the state.

A pardon from the Governor would solve the problem.

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: ... oh, and check the language on the probation termination paperwork against the concept of Judicial Clemency discussed in this case: Cuellar v. State, 70 S.W.3d 815, 819 (Tex. Crim. App. 2002)

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