Before a person who has previously been convicted of a crime seeks to purchase a firearm from a secondhand store such as a pawn shop in Texas, it’s important to understand the relevant laws. A guns buyer in Texas like the Franklin Gold & Silver Exchange sells firearms of various types, but only to customers who can legally buy them. Browse our website to learn about buying and selling guns at this store.
There’s a misconception that a convicted felon can never buy a gun. In fact, once the term of probation has been successfully completed, the individual can petition the court to reinstate the right to buy firearms. The right is not automatically restored, however. Although ownership of guns is guaranteed in the U.S. Constitution, people lose those rights under federal law after they are convicted of a felony.
Individuals who have been convicted of misdemeanor offenses have an easier time of it. They could buy firearms unless their offense involved domestic violence. They cannot have a conceal and carry permit for another five years, however.
When a guns buyer in Texas is going to sell firearms to a customer, the store must perform a background check under the National Instant Criminal Background Check System, or NICS. This lets them know whether it’s legal for this individual to buy firearms. Customers should not be alarmed if there is a delay in the background check, as the system is programmed to have random delays and sometimes there simply is a large amount of work.
A quirk of the state law mandates that when someone gets a pawn loan for a gun, the store must perform a background check before the gun can be returned. That’s because technically the individual has sold the gun to the shop and is now trying to buy it back. This person transferred ownership when obtaining the loan. An exception would be if someone can show a conceal and carry permit since that proves the background check has already been completed. People who have been convicted of a felony should be aware of this, so they don’t risk losing a firearm they only planned to use as collateral for a loan.
