Texas-Book-Gun Law Armed And Educated - Flipbook - Page 391
considered to have been convicted for purposes of the GCA “unless
the pardon, expungement, or restoration of civil rights expressly
provides the person may not ship, transport, possess, or receive
firearms.” See 18 U.S.C. §§ 921(a)(20)(B) and (a)(33)(B)(ii).
The GCA also provides the United States Attorney General with
the authority to grant relief from firearms disabilities where the
Attorney General determines that the person is not likely to act in
a manner dangerous to the public safety and where granting relief
would not be contrary to the public interest. See 18 U.S.C. § 925(c).
The Attorney General has delegated this authority to the ATF.
Unfortunately, the ATF reports that it has been prohibited from
spending any funds in order to investigate or act upon applications
from individuals seeking relief from federal firearms disabilities.
This means that until the ATF’s prohibition has been lifted, a
person’s best—and most likely—option to have their firearms
rights restored is through a Presidential pardon. See www.atf.gov.
III. TEXAS LAW
A. Clemency by the Governor and the Board of Pardons and
Paroles
The Governor of Texas possesses the authority to grant executive
clemency under Article IV, Section 11 of the Texas Constitution
except in cases of treason and impeachment. Unlike federal
clemency where the President is free to pardon whomever the
President chooses, the Governor of Texas can only grant clemency
if a majority of the members of the Texas Board of Pardons and
Paroles makes such a recommendation. See Tex. Code of Crim.
Proc. Art. 48.01. However, the Board is required to consider any
request of the Governor for clemency under Section 508.050 of the
Texas Government Code.
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