Forney, TX asked in Criminal Law for Texas

Q: I want to purchase a handgun in Texas. I had a drug conviction back in 1995 and received first offenders pardon.

It’s been over 20 something years s

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

A: It sounds like you are really asking if the specific type of pardon you received also restores your firearm rights. If the pardon was not issued in Texas then you'll need to contact attorneys in the state that issued the pardon.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Several years ago, at the Advanced Criminal Law Course, we had a speaker who was a federal prosecutor, I believe, and he said that we defense lawyers should not try to answer this kind of question. He advised telling clients (with your question) to call your local office of the Bureau Alcohol, Tobacco, and Firearms and Explosives (ATF) and ask them if you can or cannot purchase a handgun.

I like this solution as it doesn't cost anything and theyl will give you the correct answer. You'll need to provide them with information about your case and any other brushes with the law you have ever had. Also, I am certain they will ask whether you have ever been treated for (or diagnosed as having) any mental illness. So have your case information handy before you call them. You should be able to get the local number by googling "Bureau of Alcohol, Tobacco, Firearms and explosives". I got to their general website by simply googling "ATF". I don't know if they are still answering these questions on the phone, but before you hire an attorney, I'd call them and see. Good luck.

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