Texas-Book-Gun Law Armed And Educated - Flipbook - Page 395
C. How does a person have firearms rights restored under
Texas law?
After five years, some rights are automatically restored. Texas
Penal Code Section 46.04(a) allows a convicted felon to possess a
firearm in their residence after “the fifth anniversary of the person’s
release from confinement following conviction of the felony or the
person’s release from supervision under community supervision,
parole, or mandatory supervision, whichever date is later.”
Further, for a person seeking executive clemency, the person or
the Governor may petition the Board of Pardons and Paroles to
grant a “Pardon with Restoration of Firearms Rights.” See 37 Tex.
Admin. Code § 143.12. In addition to qualifying for a pardon, in
order to also have the Board recommend that one’s firearms rights
be restored, the provisions of Section 143.12 must be met:
The board will consider recommending restoration of the right
to receive, possess, bear, and transport in commerce a firearm
only in extreme and unusual circumstances which prevent the
applicant from gaining a livelihood, and only if the applicant: (1)
provides either proof of clearance by a previously granted full
pardon or a request for such express restoration in a pending
application for a full pardon from jurisdiction(s) of the relevant
conviction(s) or successful completion of a punishment similar
to a term of deferred adjudication community supervision; and
(2) provides proof of application under the United States Code,
Title 18, Section 925(c), for exemption, relief from disabilities to
the Director of Alcohol, Tobacco, Firearms, and Explosives, and
furnishes copies of all relevant applications and responses thereto
by the Director of Alcohol, Tobacco, Firearms, and Explosives
including any final actions by said Director…
384 | CHAPTER FIFTEEN
