Legal Question in Criminal Law in New Mexico

firearm ownership of convicted felons

I am a convicted felon, convicted of Oilfield Theft of Crude Oil, in 1987. The crime was commnitted in July of 1996, in Winkler County Texas. I was sentenced to six years, which was commuted to probation. I was a first time offender, and paid restitution. I was released from probation after two years. My question is when and if I can ever legally own a fire arm, as I have always been an avid hunter, and would like to be able to own a fire arm for this reason.


Asked on 11/03/98, 5:00 pm

2 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: firearm ownership of convicted felons

Short answer.

NEVER.

Thank your President and the gutless Congress for this piece of legislative stupidity and the usurpation of the state's role in deciding such matters.

Under federal law you make never own OR HOLD IN YOUR POSSESSION (meaning you can't legally even pick a gun up to look at it) a firearm once you are convicted of a felony. Any felony. Or domestic violence.

Contact your member of Congress and your Senators if you wish to change things... and you might try to slip them some spine while you are at it).

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601


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Answered on 1/05/99, 10:30 am
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: firearm ownership of convicted felons

I've read Jess's reply and I've got to disagree. My answer is it depends. It depends on whether or not it was a federal conviction or a state conviction. Jess is probably right if it is a federal conviction. My state, Montana, allows restoration of all civil rights (including gun ownership) after the period of probation is completed. Your state may or may not have the same provisions. I also don't think these restored rights are transferable to other states. Check your state laws and check with an experienced criminal defense attorney familiar with state and federal law. Good Luck and, hopefully, good hunting.

Mark Sullivan

Mark R. Sullivan - Attorney at Law

1204 1st Ave. E, Ste. A


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Answered on 1/05/99, 10:43 am


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