Purchase of a handgun

[RiveraRa]

I have two questions. One is about the eligibility of purchasing a handgun in TX and the other is about taking others to the range.

I have a friend who I know was arrested for drugs in his past. He has since come to know the Lord and hasnt had any problems for some time now. I dont know the details of his arrests (class A, B, time spent in jail, etc) so Im going to have to ask him. But he wants to purchase a handgun this year.

What are the laws concerning him doing so? Federal and state. I know the laws for getting your CHL but not for just purchasing a handgun or rifle.

Also, what are the laws concerning me taking him to the range and shooting my firearms together? Again, I need to ask him the specifics about his arrest but I know he hasn't had any trouble for at least the past 8 years.

Thanks everyone!

[Keith B]

Here are the federal ineligibility rules:

Ineligible Persons

The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:

Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
Fugitives from justice.
Unlawful users of certain depressant, narcotic, or stimulant drugs.
Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
Illegal aliens.
Citizens who have renounced their citizenship.
Those persons dishonorably discharged from the Armed Forces.
Persons less than 18 years of age for the purchase of a shotgun or rifle.
Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
Persons convicted in any court of a misdemeanor crime of domestic violence.
Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition. Under limited conditions, relief from disability may be obtained from the U.S. Secretary of the Treasury, or through a pardon, expungement, restoration of rights, or setting aside of a conviction.

More guidelines here http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60" onclick="window.open(this.href);return false;

If he is ineligible to posses a firearm, you cannot sell one to them or even allow them to handle/shoot yours.

[RiveraRa]

So I guess my next question would be...

"Those convicted of crimes punishable by imprisonment for over one year"

Is that to say the crime itself could have led to have him be imprisoned for over one year or if he was actually imprisoned for one year.

Also, It doesnt say if that ever gos away. For instance, to get a CHL you have to have not been charged with a class A within the past 10 years. So if you have a class A but its been 10 years, then its ok. Is there a timeline for "crimes punishable by imprisonment for over one year" as long as that imprisonment was over 10 years ago?

[Keith B]

So I guess my next question would be...

"Those convicted of crimes punishable by imprisonment for over one year"

Is that to say the crime itself could have led to have him be imprisoned for over one year or if he was actually imprisoned for one year.

Also, It doesn't say if that ever gos away. For instance, to get a CHL you have to have not been charged with a class A within the past 10 years. So if you have a class A but its been 10 years, then its ok. Is there a timeline for "crimes punishable by imprisonment for over one year" as long as that imprisonment was over 10 years ago?

IANAL, but believe if the crime was PUNISHABLE by imprisonment over 1 year (i.e. a felony) or for over 2 years on a state item (also a felony.) If convicted of that crime, the time served does not matter (even if ever served.)

There is no time limit. Only way is to have your record expunged. Again, IANAL.

[seamusTX]

Keith, you're correct except for the part about expunction.

The only way to be relieved of a felony conviction is a pardon from the President of the U.S., in the case of a federal crime, or the governor, in the case of a state crime.

There is a law on the books allowing felons to have their RKBA restored after a period of good behavior, but Congress pointedly refuses to fund the process.

- Jim

[RiveraRa]

I knew felonies had to be expunged but didnt realize that 1 year or more was a felony. Makes sense.

I didn't see anything in there about Class A or B misdemeanors. I guess they don't count against purchasing, only CHL (in the past 10 years).

Thanks everyone!

[seamusTX]

A conviction for a domestic violence misdemeanor also makes a person prohibited forever, under current law. This is the so-called Lautenberg Amendment.

The definition of domestic violence for the purpose of this law is narrower than some state definitions of domestic violence. The offense "has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, 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."

The subject of a protective order is also prohibited from possessing a firearm.

(The latter clause is ripe for being declared unconstitutional. I'm surprised it hasn't happened already.)

- Jim