Legal Opinion
Opinion No.
Texas Attorney General Reports
Decided July 10, 2001Published
1Opinion of the Court
Office of the Attorney General — State of Texas John Cornyn Mr. Thomas A. Davis, Jr. Director Texas Department of Public Safety 5805 North Lamar Boulevard, Box 4087 Austin, Texas 78773-0001
Re: Whether a person who has been pardoned for a felony conviction is subject to section 46.04 of the Penal Code, and related questions (RQ-0349-JC)
Dear Mr. Davis:
Under section 46.04 of the Penal Code, a "convicted" felon commits an offense if he or she unlawfully possesses a firearm. Tex. Pen. Code Ann. § 46.04(a) (Vernon 1994). You ask whether a convicted felon who has been pardoned is convicted for the…
2Cases cited18 opinions
- Michael Joseph Gurleski and Dorothy Villafranca v. United States of America, Frank Smith v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- Lucas v. StateCourt of Criminal Appeals of Texas · 1989
- Tune v. Texas Department of Public SafetyTexas Supreme Court · 2000
- State v. MasonCourt of Criminal Appeals of Texas · 1998
- Davis v. StateCourt of Criminal Appeals of Texas · 1998
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