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How to restore your gun rights in San Antonio
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Restoring Your Gun Rights in San Antonio: A Comprehensive Guide
So, you’ve had your gun rights taken away due to a past conviction, but now you’re ready to get them back, right? Well, you’ve come to the right place – because in this guide, we’ll walk you through every step of restoring your firearms privileges in San Antonio.But first, a quick disclaimer: this isn’t something to be taken lightly, the process can be complex – so you’ll want to pay close attention, and consider hiring an experienced attorney to help navigate the legal maze. With that said, let’s dive right in, shall we?
Understanding Texas Gun Laws
Before we get into the nitty-gritty of restoration, it’s crucial to understand the state laws that govern gun ownership for convicted felons in Texas. Here’s the deal:
- Under Texas Penal Code 46.04, convicted felons are generally prohibited from possessing firearms for five years after their release from custody or supervision.
- However, this ban only applies within the “premises” where the felon has a legal right to be present – meaning they can possess guns at their own home or property they control. 2
- After the five-year period, felons can legally own firearms at home, but any possession outside those “premises” is still a violation of federal law. 2
So in essence, Texas gives some limited rights back after five years, but full restoration requires navigating federal regulations too. Speaking of which…
The Federal Firearm Restrictions
At the federal level, convicted felons face an outright ban on gun ownership under 18 U.S.C 922(g) – no ifs, ands, or buts about it. 2 But, there are a few potential paths to relief:
- Presidential Pardon: Receiving a full, unconditional pardon from the President can restore your federal gun rights. 2 However, this is extremely rare and difficult to obtain.
- Relief from Disability: You can apply to the U.S. Attorney General for “relief from disability,” which lifts the federal firearms ban if approved. 2 This involves demonstrating you’re not a risk to public safety.
- Set-Aside or Expungement: If your felony conviction gets set aside or expunged, you may regain gun rights, depending on the laws of the pardoning state. 2
- Restoration of Civil Rights: Some states provide a way to restore all civil rights lost due to a felony, including firearms privileges. 2 If this restoration is complete under state law, the feds may recognize it.
As you can see, the federal process is no walk in the park – but don’t lose hope just yet, because there’s a more straightforward option for Texans.
The Texas Pardon Process
Receiving a full pardon from the Governor of Texas is arguably the most direct route for convicted felons to restore all gun rights within the state. Here’s a quick overview:
- You must first complete your entire sentence, including probation/parole. 3
- Next, compile documentation proving you’ve been fully rehabilitated as a law-abiding citizen. 3
- File your pardon application with the Texas Board of Pardons and Paroles. 3
- If approved by the Board, your application goes to the Governor for final review. 3
Now here’s the kicker: when applying for a Texas pardon, you must specifically request that your firearms rights be restored too. 3 Otherwise, the pardon alone won’t reinstate your gun privileges.But let’s say you already received a pardon without asking for firearms restoration – don’t worry, you can still apply separately to have those rights reinstated through the same Board of Pardons process. 3
Okay, so getting a pardon with firearm rights restoration sounds great in theory, but how do you actually go about it? Here are some key tips:
- Start compiling supporting documents and character references well in advance to demonstrate your rehabilitation and commitment to being a responsible gun owner. Things like employment records, community service, letters from respected figures, etc. 3
- Be prepared to explain the circumstances around your original offense, and why you no longer pose a risk. Honesty and remorse can go a long way. 3
- Consider hiring an experienced pardon attorney to assist with the application and represent you before the Board. The process is complex, with many potential pitfalls. 3
- If denied initially, you can reapply after two years – but make sure to address any concerns raised in the denial. 3
- Be patient. Pardons can take over a year to be processed from start to finish, so don’t expect immediate results. 3
At the end of the day, securing a pardon with firearm rights restoration is often the most reliable path for convicted Texas felons – but it requires perseverance, preparation, and ideally, skilled legal counsel.
Potential Roadblocks
Of course, no discussion of restoring gun rights would be complete without addressing some of the common roadblocks people face:
- Certain Offenses Are Ineligible: Crimes like indecency with a child, aggravated sexual assault, and murder generally cannot be pardoned in Texas. 1 For these, a presidential pardon may be the only option.
- Domestic Violence Convictions: Under federal law, any misdemeanor domestic violence conviction results in a lifetime ban on firearm possession. 4 Pardons can sometimes overcome this, but it’s an uphill battle.
- Out-of-State Convictions: If your felony occurred in another state, Texas can’t pardon that – you’d need to seek relief through the original convicting state. 3
- Incomplete Restorations: Some states only restore certain civil rights like voting, but not gun ownership. This may not satisfy the federal “restoration of rights” exemption. 2
The key takeaway? Every case is unique, so it’s crucial to have your specific situation reviewed by an experienced attorney before proceeding.
Why Hire a Lawyer?
Look, we get it – legal fees can be daunting. But when it comes to restoring such a fundamental constitutional right, you can’t afford to take any chances with DIY efforts. Here’s why hiring a qualified lawyer is worth the investment:
- They’ll evaluate your unique situation to determine the best strategy – pardon, relief from disability, expungement, etc.
- An attorney knows how to compile a comprehensive, persuasive pardon packet that checks all the boxes.
- They can represent you before the Board of Pardons and Paroles to argue your case effectively.
- If issues arise around federal laws or out-of-state offenses, a lawyer will know how to navigate those complexities.
- Perhaps most importantly, they’ll ensure you don’t inadvertently violate any laws in your pursuit of restoration.
At the end of the day, this is your constitutional right we’re talking about – so you’ll want to give yourself every possible advantage by having a skilled legal advocate in your corner.
Getting Started
Still feeling a bit overwhelmed? Don’t worry, that’s perfectly normal when dealing with such a complex issue. But here’s the good news: you don’t have to figure it all out alone.At Spodek Law Group, our team of experienced criminal defense attorneys is ready to guide you through every step of the gun rights restoration process. During a free initial consultation, we’ll:
- Carefully review the details of your conviction and current situation
- Explain all the potential options for regaining firearms privileges
- Outline the specific requirements and challenges you may face
- Develop a personalized strategy to put you in the best position for success
- Answer any other questions you may have with honesty and compassion
From there, we can get to work compiling the necessary documentation, completing applications, representing you before the Board or courts – whatever it takes to fight for your rights as a responsible gun owner.Because at the end of the day, that’s what this is all about: taking the proper legal steps to demonstrate you can be entrusted with firearms once again. It’s a difficult road for sure, but one that’s absolutely worth traveling with the right legal team by your side.So if you’re ready to start your journey towards firearms restoration, our doors are open. Just reach out and schedule that free consultation – it’s the first step towards exercising your rights as a proud Texan once more.
In Conclusion
Let’s be real: having your gun rights stripped away due to a past mistake is a tough pill to swallow, no two ways about it. But as this guide has shown, all is not lost – you still have options for lawfully restoring those privileges in San Antonio and across Texas.Will it be easy? Of course not, the process is intentionally rigorous to uphold public safety. But if you’re truly committed to being a responsible gun owner moving forward, and you take the proper legal steps, restoration is absolutely achievable.The key? Patience, preparation, and partnering with an attorney who specializes in this niche area of law. With their expertise guiding you, you can navigate the pardon process, overcome potential roadblocks, and ultimately make your case for why you deserve to have your gun rights reinstated.So don’t lose hope, and don’t go it alone. Whether it’s our firm or another you choose, get the legal representation you need to start down this path today. Your constitutional rights are worth fighting for, and an expunged record doesn’t automatically mean expunged gun rights – but we know how to change that.