My daughter has lived with her boyfriend for the past nine years. He was convicted of a felony when he was 18. He was told by his probation officer that he could get the felony removed from his record, but does not currently have the means to do so.
My question is, can my daughter have a firearm in the house for protection? Or does this put him in violation?
I would like to buy her something, as he drives truck at night.
Any help would be appreciated.
Whatever you do, get advice from folks in your area. You get a lot of answers here based on personal knowledge (such as it is) of the laws where they live. Unless they live in AZ or where the person is, it likely won't be applicable. You might also trying to ask over on the AZ page in Hometown Section.
That's one of those questions that can be a real gotcha. Is the gun locked up, does he have the keys or combination, is it not locked up. what happens when he is there and she isn't. As you can see it is not a simple question, and felon with a gun is usually a no-no it behooves all to get the REAL scoop and not some crap from the internet.
I threw in a post on in the hangun legal section thread you started.
Don't know if you are remembering to check both, so I'll give some advice that crosses state to state lines.
Establish your daughter as a shooter. Get her a membership at a range and push that she shoot at least once a week.
Otherwise, a probation officer will be highly skeptical that the gun is not just a straw purchase for the boyfriend. Lots of people have trouble wrapping their minds around the fact that women can/want to shoot too, despite seeing female LEOs every day.
The easy answer is that she can have a firearm in the house, locked up and inaccessible in any way by the boyfriend.
Good luck on getting his right to possess firearms reinstated; its my understanding that Clinton defunded the folks who did that and nooones had their rights reinstated since.
If he was convicted in state court of state charges and has his rights to firearm ownership restored at the state level his rights at the federal level are also restored.
It is my understanding that, short of a full pardon, which would remove the conviction and make it as if he was never convicted, a felon cannot possess a handgun or firearm under federal law.
Texas law allows a felon to possess a handgun, in his home ONLY, after the passage of five years from the completion of his sentence.
However, this directly contridicts federal law.
AFAIK if your rights are restored at the state level for a state conviction your rights are restored at the federal level. If the conviction is for a federal offense then a presidential pardon is the only relief. Obviously you should consult an attorney who is knowledgeable in federal and state firearms laws.
Q. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE
(Q1) What is a "misdemeanor crime of domestic violence"?
A "misdemeanor crime of domestic violence" means an offense that:
(1) is a misdemeanor under Federal or state law;
(2) has, as an element, the use or attempted use of physical force, or the threatened us of a deadly weapon; and
(3) was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. However, a person is not considered to have been convicted of a misdemeanor crime of domestic violence unless:
(1) the person was represented by counsel in the case, or knowingly and intelligently waived the right of counsel in the case; and
(2) in the case of a prosecution for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either -
(a) the case was tried by a jury, or
(b) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
In addition, a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing firearms. [18 U. S. C. 921( a)( 33), 27 CFR 178.11]
PART 178--COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents
Sec. 178.11 Meaning of terms.
Crime punishable by imprisonment for a term exceeding 1 year. Any Federal, State or foreign offense for which the maximum penalty, whether or not imposed, is capital punishment or imprisonment in excess of 1 year. The term shall not include (a) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices or (b) any State offense classified by the laws of
the State as a misdemeanor and punishable by a term of imprisonment of 2 years or less. What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged or set aside or for which a person has been pardoned or has had civil rights
restored shall not be considered a conviction for the purposes of the Act or this part, unless such pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, or unless the person is prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms.
PART 178--COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents
Subpart I--Exemptions, Seizures, and Forfeitures
Sec. 178.142 Effect of pardons and expunctions of convictions.
(a) A pardon granted by the President of the United States regarding a Federal conviction for a crime punishable by imprisonment for a term exceeding 1 year shall remove any disability which otherwise would be imposed by the provisions of this part with respect to that conviction.
(b) A pardon granted by the Governor of a State or other State pardoning authority or by the pardoning authority of a foreign jurisdiction with respect to a conviction, or any expunction, reversal, setting aside of a conviction, or other proceeding rendering a conviction nugatory, or a restoration of civil rights shall remove any disability which otherwise would be imposed by the provisions of this part with respect to the conviction, unless:
(1) The pardon, expunction, setting aside, or other proceeding rendering a conviction nugatory, or restoration of civil rights
expressly provides that the person may not ship, transport, possess or receive firearms; or
(2) The pardon, expunction, setting aside, or other proceeding rendering a conviction nugatory, or restoration of civil rights did not fully restore the rights of the person to possess or receive firearms under the law of the jurisdiction where the conviction occurred.
[T.D. ATF-270, 53 FR 10505, Mar. 31, 1988]