Texas-Book-Gun Law Armed And Educated - Flipbook - Page 386
PRACTICAL LEGAL TIP
While our intention is to provide you
with as much information as possible
as to how you can have your firearms
rights restored if you are convicted of
a crime, it’s also important to make
sure you are aware of how rarely
pardons, expunctions, and restorations
of firearms rights are granted. While it’s
certainly worth the effort to apply for a
pardon, be careful not to get your hopes
up, because they are seldom granted.
—Edwin
II. FEDERAL LAW
A. Presidential pardon
Under Article II, Section 2, Clause 1 of the United States
Constitution, the President of the United States has the power
“to grant reprieves and pardons for offenses against the United
States, except in cases of impeachment.” The President’s power to
pardon offenses has also been interpreted to include the power to
grant conditional pardons, commutations of sentence, conditional
commutations of sentence, remission of fines and forfeitures,
respites, and amnesties. However, the President’s clemency
authority only extends to federal offenses; the President cannot
grant clemency for a state crime.
1. How does a person petition for federal clemency or a pardon?
Under federal law, a person requesting executive clemency must
petition the President of the United States and submit the petition to
the Department of Justice. The Pardon Attorney for the Department
Restoration Of Firearms Rights: The Law Of Pardons And Expunctions | 375
