Possible new gun owner question ?

[TexasGal]

IANAL, but my understanding is for the purposes of obtaining a Texas CHL, your deferred adjudication for a felony aggravated robbery is a no go. It is considered as a conviction even after 10 years. However, for the purposes of a NICS check, a deferred adjudication that has been satisfied may not be considered a conviction. So you may be able to purchase a firearm, but not ever be eligible for a Texas CHL. If anyone has something disputing this please speak up. I, too, recommend a good lawyer to make certain you understand exactly what your legal options are to avoid getting into further trouble.

This may be helpful:
https://www.dallasbar.org/content/losin ... nsequences

[Marshall]

I have recently been denied my CHL. The argument is that I was adjudicated for Criminally Negligent Homicide in connection with a multi car accident, no speeding, no alcohol, no citation given. I tested clean for 3 years and fulfilled all my obligations as quick as possible. I have no priors and have had a clean driving record for years. I am a licensed counselor serving the public for 20 years. So I am not a criminal and have never lived as one.id change lanes one day as another vehicle was entering the same lane, crash ensued.It has been 7 years since all it has been discharged. But the working in my denial letter was a bit confusing. It quoted the statute that a 10 year period needs to have lapsed And the offense needs to be listed in the Penal code as "exempt." Not sure if your offense is on that list. Mine apparently is and I got the impression that I will always be denied a CHL as a result.

[Marshall]

Question to all....is there any reason to think my situation would merit an appeal? I do not want to waste my money if it isn't going to matter.

[Keith B]

I have recently been denied my CHL. The argument is that I was adjudicated for Criminally Negligent Homicide in connection with a multi car accident, no speeding, no alcohol, no citation given. I tested clean for 3 years and fulfilled all my obligations as quick as possible. I have no priors and have had a clean driving record for years. I am a licensed counselor serving the public for 20 years. So I am not a criminal and have never lived as one.id change lanes one day as another vehicle was entering the same lane, crash ensued.It has been 7 years since all it has been discharged. But the working in my denial letter was a bit confusing. It quoted the statute that a 10 year period needs to have lapsed And the offense needs to be listed in the Penal code as "exempt." Not sure if your offense is on that list. Mine apparently is and I got the impression that I will always be denied a CHL as a result.

Criminally negligent homicide is a felony offense under Texas Penal Code Title 5 Chapter 19. Offenses under Title 5 are permanent disqualifiers for CHL and an order of deferred adjudication counts as a conviction in Texas.

GC § 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is
not convicted, as that term is defined by Section 411.171, if an order of deferred
adjudication was entered against the person on a date not less than 10 years
preceding the date of the person’s application for a license under this subchapter
unless the order of deferred adjudication was entered against the person for:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07 or 25.072, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable under
Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains elements
that are substantially similar to the elements of an offense listed in Subdivision
(1). ---
Last amended by Acts 2013, 83rd Leg., R.S., Ch. 96 (S.B. 743), Sec. 7, eff. September 1,
2013.

I believe the only way you can get a CHL would be to have the offense expunged from your record. I would suggest you contact a lawyer and have them look at your conviction and the possibility of expungement if it is important enough to you to get a CHL.

[The Annoyed Man]

By the way, DO NOT RELY UPON TRYING TO BUY A FIREARM AND SEEING IF THE NICS SYSTEM CLEARS YOU! The NICS system is notorious for missing records. They can allow the background check to clear and someone is now a felon in illegal possession of a firearm.

There really ought to be a defense from prosecution clause or something in there if you didn't know that you weren't allowed to possess a gun and the NICS check lets you buy one.

One of the political criticisms that 2nd Amendment supporters have made against going to universal background checks is that the federal government doesn't do anything about the people who become felons (if they weren't one already) by attempting a gun purchase and falsified NICS background check.

Right there, that gets me to thinking that you better not fill out a form 4473 UNLESS you know for a certain fact that it is legal for you to do so.

This is not a statement about whether or not I think that the whole NICS thing is horsepucky or not, but it IS a statement about risks, and whether or not there is any wisdom to be found in attempting a firearms purchase in which you are not absolutely certain whether or not you are violating law.

Jumping frog had it totally right: "LAWYER. As in, Get one."

[LDB415]

I can't give you a definitive answer. My suggestion would be first find a copy of the 4473 online and honestly answer the questions. See if any of those answers would preclude purchasing. If you are ok there you may need to consult a lawyer. Good luck.

[Jumping Frog]

... My suggestion would be first find a copy of the 4473 online and honestly answer the questions. ...

I've found over the years there are a lot of people that come to assorted gun forums with questions about various prior arrests, charges, and convictions, and then during the ensuing discussion really have no idea what the exact charge was, whether they were convicted or not, or even what class of felony or misdemeanor.

I've always kind of shaken my head in disbelief, because I could not imagine not knowing whether I was convicted or not, and if so, what statute was violated. However, I've seen it enough times that I accept that is fact.

So someone who does not know their own convictions could stare at a 4473 and have no actual or true idea if they are legal or not.

[LDB415]

I'm sure you are correct. My only thought was if he honestly answered yes to any question other than are you the actual buyer he'd have a pretty good idea he's probably not going to be able to make the purchase. Talking to a lawyer is probably the best idea.