Firearms in will

[Lancetx]

Helping a relative with will in Texas. He wants to leave his gun collection to a grandson that is now is in a federal prison. He is in on a drug charge with a weapon. Will he ever be allowed to own a gun? Thanks

 

[Silverplum]

Helping a relative with will in Texas. He wants to leave his gun collection to a grandson that is now is in a federal prison. He is in on a drug charge with a weapon. Will he ever be allowed to own a gun? Thanks

Here's an attorney blog that explains the answer in easy-to-read language: http://www.johntfloyd.com/felons-restoration-gun-rights

(No referral or endorsement or relationship, just a blog link.)

 

[FlyingRon]

That article nicely describes the unlikelihood of the person ever getting his gun rights back. If he wants the "collection" preserved, he likely should find someone else to leave it to. If he would be happy that the collection be transferred with the proceeds delivered to the grandson, then a trust may be better than a will.

 

[Mass_Shyster]

Helping a relative with will in Texas. He wants to leave his gun collection to a grandson that is now is in a federal prison. He is in on a drug charge with a weapon. Will he ever be allowed to own a gun? Thanks

If he is in prison on a "charge", then if he is found not guilty, it may not affect his ability to own firearms.

If he's already been convicted and is serving a sentence, it would depend on if the maximum possible penalty exceeds a year.

Generally the Feds don't bring charges they can't sustain, and I don't think they bother with misdemeanor charges.

In short, my GUESS is that he is, or will be, prohibited from owning firearms.

 

[FlyingRon]

"With a gun" in Federal drug charging likely implies not only a felony but one with a substantial mandatory minimum sentence.