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I am a felon in nc could a own a gun in 5 years if i moved to texas?

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I am a felon in nc could a own a gun in 5 years if i moved to texas?

Postby baigh75 » Tue Mar 27, 2012 1:01 am

i was convicted of selling like a pound of marijuana. ive read that in texas after 5 years you can own a firearm if you keep it on your property.would federal law over ride this? would i not be able to because i was arrested in nc?
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I am a felon in nc could a own a gun in 5 years if i moved to texas?

Postby calin » Tue Mar 27, 2012 1:02 am

Yes, you can if you pour acid over your conviction charge.
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I am a felon in nc could a own a gun in 5 years if i moved to texas?

Postby chika » Tue Mar 27, 2012 1:04 am

18. U.S.C. 922 (g) (1) under the federal statutes concerning firearms states that anyone convicted of a crime where the maximum penalty can exceed one year in jail may not own or possess a firearm. There are exceptions if the crime is classified as a misdemeanor even thought the sentence could be longer than 1 year. You can apply to have your civil rights restored but that is not an easy process and not a slam dunk..It used to be in NC there was a 5 year rule where your rights were automatically restored after 5 years (not getting in any more trouble) but that was changed in 1995 and now the procedure is you have to apply for reinstatement. Federal law will carry precedence except where your right(s) haven been restored by the state. Texas can't pradon you or restore your rights in this case so the long simple answer to your question is NO..
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I am a felon in nc could a own a gun in 5 years if i moved to texas?

Postby vruyk » Tue Mar 27, 2012 1:14 am

18. U.S.C. 922 (g) (1) under the federal statutes concerning firearms states that anyone convicted of a crime where the maximum penalty can exceed one year in jail may not own or possess a firearm. There are exceptions if the crime is classified as a misdemeanor even thought the sentence could be longer than 1 year. You can apply to have your civil rights restored but that is not an easy process and not a slam dunk..It used to be in NC there was a 5 year rule where your rights were automatically restored after 5 years (not getting in any more trouble) but that was changed in 1995 and now the procedure is you have to apply for reinstatement. Federal law will carry precedence except where your right(s) haven been restored by the state. Texas can't pradon you or restore your rights in this case so the long simple answer to your question is NO..
No. It doesn't matter what state you were convicted in, or what state you move to. If you've EVER been convicted of a felony as an adult you can NEVER own, or even possess, a firearm anywhere in the U.S. The only way you could would be if you got the charge expunged. And from what you've said there's absolutely no way you could ever get that done.
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I am a felon in nc could a own a gun in 5 years if i moved to texas?

Postby kyledyr » Tue Mar 27, 2012 1:15 am

Here is the law, not opinion.
Under federal law, it is as incorrect to say a felon can not own any firearm, as it is to say a felon can own any firearm.

State and federal law do not trump each other. You can be prosecuted in state or federal court.

You are correct that under Texas law, a felon can not posses a firearm until 5 years have passed from the COMPLETION of the punishment.
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.04

Under federal law anyone convicted of a crime with a possible punishment being a year or more in jail (ie. felon) , it is illegal "to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. "
US Code Title 18 Section 922 (g)
http://law.justia.com/codes/us/2010/title18/parti/chapter44/section922/

Notice that is states " possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce". So if a firearm has never been shipped into or out of the state (made in Texas), it is not against federal law for a felon to posses it. Bond Arms is made in Texas.

Also look at what a "firearm" is. Under federal law (also Texas law), an antique firearm is excluded in the definition of a firearm.
An antique firearm is:
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such replica—
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
http://law.justia.com/codes/us/2010/title18/parti/chapter44/section921/

So you can own any firearm made before 1899. Or any replica of a firearm made before 1899 as long as it does not use center or rime fire ammo. A Walker colt is an antique firearm.
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I am a felon in nc could a own a gun in 5 years if i moved to texas?

Postby matchitisiw » Tue Mar 27, 2012 1:19 am

A felon might have his or her civil rights restored, for example, if the felony conviction was expunged, overturned, pardoned, or otherwise set aside. Every state has different laws for these processes, and you must follow the procedures and laws of the state of your felony conviction in order to attempt to become eligible for legal gun possession. As a practical matter, however, there are some states whose laws do not provide for the restoration of the right to carry a gun for felons, such as North Carolina. In those states, then, there is simply no relief from the lifelong ban on a felon possessing a gun.
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