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SVTPerformance's Chain of Restaurants
Donut Shop
CHL/CCW in Texas - LEO's only
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<blockquote data-quote="OldSVTGuy" data-source="post: 9943249" data-attributes="member: 40332"><p>While not LE, I retired from ATF and I can definitely state that Federal law supercedes in this case. If your friend has a felony conviction, he is cannot even possess a firearm. If he owns one, he is setting himself up for a big problem. A prohibiting conviction under Federal law is defined as a felony for which he COULD have been imprisoned for a term exceeding one year or a misdemeanor conviction for which he COULD have been imprisoned for more than two years. It does not matter how much time he got. You have to read the statute under which he was convicted to determine the sentence he could have received.</p><p></p><p>In other words, the statute under which your friend was convicted may (for purposes of illustration only as I do not know the conviction term for the statue under which your friend was convicted) call for a maximum term of incarceration of 5 years. Your friend got 90 days in jail and 5 years probation but he COULD have been sentenced to 5 years.</p><p></p><p>Sorry for the bad news but I think you would rather hear the reality of the situation rather then have your friend apply for a carry license only to perhaps be arrested for a felon in possession of a firearm. That is a problem no one needs.</p></blockquote><p></p>
[QUOTE="OldSVTGuy, post: 9943249, member: 40332"] While not LE, I retired from ATF and I can definitely state that Federal law supercedes in this case. If your friend has a felony conviction, he is cannot even possess a firearm. If he owns one, he is setting himself up for a big problem. A prohibiting conviction under Federal law is defined as a felony for which he COULD have been imprisoned for a term exceeding one year or a misdemeanor conviction for which he COULD have been imprisoned for more than two years. It does not matter how much time he got. You have to read the statute under which he was convicted to determine the sentence he could have received. In other words, the statute under which your friend was convicted may (for purposes of illustration only as I do not know the conviction term for the statue under which your friend was convicted) call for a maximum term of incarceration of 5 years. Your friend got 90 days in jail and 5 years probation but he COULD have been sentenced to 5 years. Sorry for the bad news but I think you would rather hear the reality of the situation rather then have your friend apply for a carry license only to perhaps be arrested for a felon in possession of a firearm. That is a problem no one needs. [/QUOTE]
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