TexasCHLforum.com

ByrdMan wrote:Wrong. Deferred adjudication is considered a conviction for the purpose of obtaining a CHL. Federally he is fine to own a handgun, he just can't carry it on his person away from home or car.

Wow...

1. the OP said he just completed his deferred adjudication for aggravated assault with a deadly weapon, basically that means he just got out of prison.

2. the OP said the charge was 2nd degree felony & that he served 3 years..

3. With that being said NO, he cannot purchase or be in possession of a firearm.

It is a federal... not state.. not local but a federal law that convicted felons cannot own, possess or purchase a firearm. Any person who actually has a CHL already knows this. In addition, no member of the family or individual that resides with a convicted felon can be in possession of a firearm.

I didn't go to prison I was on probation because the judge set a side my sentence so I could do probation and now that I have completed probation my charge has been dismissed

RonW956 wrote:

ByrdMan wrote:Wrong. Deferred adjudication is considered a conviction for the purpose of obtaining a CHL. Federally he is fine to own a handgun, he just can't carry it on his person away from home or car.

Wow...

1. the OP said he just completed his deferred adjudication for aggravated assault with a deadly weapon, basically that means he just got out of prison.

2. the OP said the charge was 2nd degree felony & that he served 3 years..

3. With that being said NO, he cannot purchase or be in possession of a firearm.

It is a federal... not state.. not local but a federal law that convicted felons cannot own, possess or purchase a firearm. Any person who actually has a CHL already knows this. In addition, no member of the family or individual that resides with a convicted felon can be in possession of a firearm.

Sorry, you are incorrect. Not every case falls in black and white on felons and firearm ownership. State laws vary on methods for individuals to have their civil rights restored, and certain methods of deferred adjudication will do that. See this for more explaination https://www.nacdl.org/uploadedFiles/fil ... arr_tx.pdf" onclick="window.open(this.href);return false; Also, every state is different on what they consider a firearm. For instance Texas does not consider a black powder weapon to be a firearm, so a felon may posses them. Missouri does consider it a firearm, and there have been numerous cases where felons that were no allowed to posses firearms got sent up for having a black powder weapon in their possession.

Secondly, there may not be a restriction for having firearms in the home, even if the convicted felon is ineligible to posses them. I know of a couple of different cases where the family members had firearms, but they were required to secure them in a safe that the felon did not have access to.

Hey listen,
I mean no disrespect, but history has proven time & time again that if someone asks a question like this one on these forums, you're gonna get 100 different answers and this debate will go on & on...

To the OP I say go ahead & go to your nearest sporting good store and attempt to purchase a firearm, answer the questions on form 4473 truthfully and let the NICS do the background check, if you get a proceed then hey, congrats! Go shootin' & be careful, but if you get denied, then you'll have the answer that this forum could not answer for you.

Yep thanks for the helpful info everyone

RonW956 wrote:Hey listen,
I mean no disrespect, but history has proven time & time again that if someone asks a question like this one on these forums, you're gonna get 100 different answers and this debate will go on & on...

To the OP I say go ahead & go to your nearest sporting good store and attempt to purchase a firearm, answer the questions on form 4473 truthfully and let the NICS do the background check, if you get a proceed then hey, congrats! Go shootin' & be careful, but if you get denied, then you'll have the answer that this forum could not answer for you.

And the NICS background check is infallible. There are exceptions to questions on the 4473 form that would seemingly prohibit someone from purchasing a firearm. This appears to be one and it may not be a simple thing to get resolved. I also hope you realize that the OP stated that he completed his differed adjudication in the first post of this thread with no mention of prison time.

RonW956 wrote:Hey listen,
I mean no disrespect, but history has proven time & time again that if someone asks a question like this one on these forums, you're gonna get 100 different answers and this debate will go on & on...

To the OP I say go ahead & go to your nearest sporting good store and attempt to purchase a firearm, answer the questions on form 4473 truthfully and let the NICS do the background check, if you get a proceed then hey, congrats! Go shootin' & be careful, but if you get denied, then you'll have the answer that this forum could not answer for you.

There aren't 100 different answers to this very simple question. Either you didn't carefully read the OP's first post, or you don't understand what a deferred adjudication is in Texas.

Chas.

RonW956 wrote:To the OP I say go ahead & go to your nearest sporting good store and attempt to purchase a firearm, answer the questions on form 4473 truthfully and let the NICS do the background check, if you get a proceed then hey, congrats!

Very naive statement. The data errors in NICS driving both false positives and false negatives are well known and commonplace.

All that passing a NICS check does is tell someone they passed the NICS check. Passing does not mean it is legal for someone to possess firearms any more than failing a NICS check means someone is not allowed to possess firearms.

The unfortunate part of your advice is that it could indirectly get some other person who reads this message thread into trouble. See, as far as the feds are concerned, each individual is supposed to know whether or not they are disqualified from firearms possession. Defending a federal firearms possession felony by saying "NICS told me I was good to go" could get a person laughed out of court and into jail.

Jumping Frog wrote:

RonW956 wrote:To the OP I say go ahead & go to your nearest sporting good store and attempt to purchase a firearm, answer the questions on form 4473 truthfully and let the NICS do the background check, if you get a proceed then hey, congrats!

Very naive statement. The data errors in NICS driving both false positives and false negatives are well known and commonplace.

All that passing a NICS check does is tell someone they passed the NICS check. Passing does not mean it is legal for someone to possess firearms any more than failing a NICS check means someone is not allowed to possess firearms.

The unfortunate part of your advice is that it could indirectly get some other person who reads this message thread into trouble. See, as far as the feds are concerned, each individual is supposed to know whether or not they are disqualified from firearms possession. Defending a federal firearms possession felony by saying "NICS told me I was good to go" could get a person laughed out of court and into jail.

NICS is hit and miss. I have the most popular first name in the US and the 6th most popular surname in the US. I've never been arrested and haven't had a speeding ticket since 1986. You simply can't have a cleaner record than what I have. However, I'd have to cross my fingers every time I purchased a firearm before getting my CHL. I had numerous occasions when I was delayed and the very last NICS check (two weeks before receiving my CHL) was an actual denial. Think putting that SS# on the form helps? Not according to the numerous agents I spoke to after my denial.
For someone like me one of the greatest advantages to having a CHL is bypassing the NICS check. The FFL treated me like a criminal when I got denied. I never want to experience that feeling again.

Talk to your lawyer or your DA.

RonW956 wrote:Hey listen,
I mean no disrespect, but history has proven time & time again that if someone asks a question like this one on these forums, you're gonna get 100 different answers and this debate will go on & on...

With a little bit more experience on this forum, you might begin to realize that amongst those "100 different answers" are the ones that come from the forum owner, a licensed attorney, and a gentleman who has been fighting in the trenches for Second Amendment rights for Texans for...well, a long time.

There are "answers", and then there are ANSWERS, and when Charles gives a person an answer, they will be able to take that answer as the gospel according to Texas law.

Yup this forum has its share of real lawyers and armchair lawyers.lol

winters wrote:Yup this forum has its share of real lawyers and armchair lawyers.lol

And then there's wannabe lawn chair lawyers like myself.

I was under the impression that unless you were a professional fighter your hands could not be considered a deadly weapon, This is what I was taught in Wisconsin are things different here?

The judge just wanted to be hard some of y'all may know her as Susan Hawk