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Has anyone had any dealing with a Possession of a firearm by a felony charge using a federal felony conviction? We have been approached by a defense attorney claiming that the feds will give permission to carry a weapon once the sentence and probation or parole are completed, and that permission supersedes Texas' prohibition against felons possessing firearms.
Has this ever come up before for anyone?
 
Posts: 5 | Location: United States | Registered: March 16, 2015Reply With QuoteReport This Post
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To my knowledge, once a person is convicted of a federal felony offense, he or she is forever barred from possessing a firearm, unless he or she is pardoned. Have the defense show you the case law he or she is using to support their contention.
 
Posts: 27 | Registered: April 03, 2013Reply With QuoteReport This Post
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I did. I am waiting for that. He said he had it somewhere, but he couldn't get his hands on it right away. Thank you for answering.
 
Posts: 5 | Location: United States | Registered: March 16, 2015Reply With QuoteReport This Post
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Did defense counsel ever provide you with said case?
 
Posts: 27 | Registered: April 03, 2013Reply With QuoteReport This Post
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From ATF site linked below:

"Although Federal law provides a means for the relief of firearms disabilities, since October 1992, ATF’s annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals."

"Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR Part I specifies the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney’s Office at the U.S. Department of Justice, Washington, DC, to inquire about the procedures for obtaining a Presidential pardon.

Persons convicted of a State offense may contact the State Attorney General’s Office in the State of their conviction for information concerning the availability of expungements, set asides, pardons and civil rights restoration."


https://www.atf.gov/qa-category/general
 
Posts: 341 | Location: Tarrant County, Texas | Registered: August 24, 2001Reply With QuoteReport This Post
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No. It's common to make wild claims like that. I cannot find such a case on my own. We will see, I suppose.
 
Posts: 5 | Location: United States | Registered: March 16, 2015Reply With QuoteReport This Post
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Back in the late 1970s I was a probation officer in southeast Texas. At that time it was possible for a person who was on felony probation to obtain a waiver from ATF when the person had been successfully off probation for at least 3 years and the conviction was not part of a laundry list of no way offenses. This program was cancelled in the mid 1980s. Since, after getting my law license and going into defense, I heard many clients talking like that program was a law that was still in effect. Quite a few never did believe me when I told them it was only a policy program that was terminated. Since retiring into prosecution I had not heard anything about this until now. This may have something to do with what you are hearing.
 
Posts: 109 | Location: Llano, TX USA | Registered: June 29, 2009Reply With QuoteReport This Post
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