Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“We live in Texas and a few years ago my fiance was convicted with assault with a deadly weapon (pocket knife). It was a bogus charge (no one was even hurt – it was more of a domestic dispute) but in any event, he served his time and when he was released in 2005 he did not have to report to a probation officer or anything. My question is what are his rights when it comes to owning or being in possession of firearms, is there any time frame like 5 years or so, before he can be in possession of a firearm or obtain a hunting license?”First, let me explain that the charge was not necessarily bogus; assault does not involve touching or hurting the person. Assault is the act of creating a fear in someone that they may be in danger of harm, which is certainly possible with a pocket knife. Battery is the unpermitted touching of someone else (either with your own body, or an object).
Question: In any event, generally speaking it is against both state (in most states, at least) and Federal law for a convicted felon to own a firearm. The only way that this can be reversed is to have one’s rights ‘restored’, both by the Federal system and the state system.
Answer:
Your fiance should speak with a criminal defense attorney in Texas to determine what steps he can take, if any, to have his right to bear arms restored.
