Gun Rules for Felons

[Kalrog]

I think that is possession and would not be legal.

A lawyer might be along shortly to correct me though.

[killerfly128]

I wouldnt let him touch them with a 39 and a half foot pole .... but thats over cautious me for ya

[barres]

Disclaimer: IANAL.

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
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.

I remember something about Texas law allowing for a restitution of gun rights, but it only pertaining to the felon's home. He would not be able to take his firearm to the range. This doesn't help with the Federal law quoted above.

Short of a Presidential pardon, your friend cannot possess (not own, simply be in possession of) a firearm that has ever been involved in interstate commerce. Unless you want him to shoot your STI pistol made in Georgetown, TX and bought by you, a Texas resident (so it never left the state in terms of commerce), he would be in violation of Federal law. If you bought that STI (made here in Texas) from an out-of-state distributor, then this no longer applies, as the firearm has now been involved in interstate commerce. If you wanted him to shoot a firearm made outside of Texas, it would be a no-go, because it had to be shipped (interstate) to Texas to come into your possession.

The simple answer is it would be a very bad idea for your friend. If the wrong people found out and wanted to cause him some misery, it would be an easy conviction of a Federal offense. There is no parole for Federal offenses. Black power guns are not firearms by Federal law, though. I repeat, IANAL.

[The Annoyed Man]

Democrats had no trouble registering convicted felons and getting their votes. Maybe the Obama administration will give your friend his gun rights back.

I'm sorry. I didn't meant that to sound mean toward your friend. It was meant as a general comment on how messed up things are these days.