Possible new gun owner question ?
Moderator: carlson1
Possible new gun owner question ?
I am very interested in purchasing a hand gun for home protection for myself and the family . I am 33 years old have a pre purchase question. When I was 16 years old I got myself in some trouble and was placed on deferred ajudification for aggravated robbery. I was 16 years old when the incident happened and was tried as an adult and placed on adult probation at the age of 17. I successfully completed a 10 year sentence on a deferred ajudification probation. My question is , after being placed in deferred ajudification and completing the probation, can I legally purchase a gun or does the fact that I was on probation restrict me from owning a fire arm ?
Re: Possible new gun owner question ?
I believe the way the law states, you'll be fine. It's over 10 years old and you were served defered adjudication. Are you able to pass the NICS background check and buy firearms currently?
NRA member
Re: Possible new gun owner question ?
Thanks for the reply back , NICS background check ? I am not aware of possible restrictions which would not allow me to be eligible to purchase a firearm . I will say this , ever since that incident as a teenager I have never gotten in trouble again , not even as much as a speeding ticket . It was a hard lessons learned , I have managed to stay out of trouble. As far as a background check , what does the background check verifying ?
Re: Possible new gun owner question ?
http://www.google.com/url?sa=t&rct=j&q= ... 4429,d.aWM" onclick="window.open(this.href);return false;
NRA member
Re: Possible new gun owner question ?
Hey , thank you Taurus, you been extremely helpful.
Re: Possible new gun owner question ?
Well, the NICS website doesn't mention deferred adjudication that I could see so you're probably ok to purchase a firearm.
However, I'm pretty sure you're done as far as a Texas CHL is concerned.
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 (crimes against persons):
(B) Chapter 29, Penal Code (robbery);
(C) Section 25.07, Penal Code (family violence); or
(D) Section 30.02, Penal Code (burglary), if the offense is punishable under Subsection (c)(2) or (d) of that section (committed in a habitation); 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).
BUT OF COURSE, IANAL!!!!

However, I'm pretty sure you're done as far as a Texas CHL is concerned.



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 (crimes against persons):
(B) Chapter 29, Penal Code (robbery);
(C) Section 25.07, Penal Code (family violence); or
(D) Section 30.02, Penal Code (burglary), if the offense is punishable under Subsection (c)(2) or (d) of that section (committed in a habitation); 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).
BUT OF COURSE, IANAL!!!!












Ray F.
Luke 22:35-38 "Gear up boys, I gotta go and it's gonna get rough." JC
-- Darrell Royal, former UT football coach - "If worms carried pistols, birds wouldn't eat 'em."

Luke 22:35-38 "Gear up boys, I gotta go and it's gonna get rough." JC
-- Darrell Royal, former UT football coach - "If worms carried pistols, birds wouldn't eat 'em."

- Jumping Frog
- Senior Member
- Posts: 5488
- Joined: Wed Aug 25, 2010 9:13 am
- Location: Klein, TX (Houston NW suburb)
Re: Possible new gun owner question ?
LAWYER. As in, get one.
Getting the wrong advice on the internet won't help you if you are then charged with a federal felony for illegal possession of a firearm and are facing 10 years in prison. An attorney can also let you know if you have any options for sealing the records or other avenues that will allow firearms possession.
IANAL, but the statute posted above makes it pretty clear that it was considered a conviction since it is not exempted. Any person convicted of a felony (except certain white collar crime exceptions) is not allowed to possess firearms under federal law.
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.
The federal government is clear that it is an individual's responsibility to know their own criminal history and whether they can legally possess firearms, not the NICS system's responsibility.
Getting the wrong advice on the internet won't help you if you are then charged with a federal felony for illegal possession of a firearm and are facing 10 years in prison. An attorney can also let you know if you have any options for sealing the records or other avenues that will allow firearms possession.
IANAL, but the statute posted above makes it pretty clear that it was considered a conviction since it is not exempted. Any person convicted of a felony (except certain white collar crime exceptions) is not allowed to possess firearms under federal law.
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.
The federal government is clear that it is an individual's responsibility to know their own criminal history and whether they can legally possess firearms, not the NICS system's responsibility.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
- Jumping Frog
- Senior Member
- Posts: 5488
- Joined: Wed Aug 25, 2010 9:13 am
- Location: Klein, TX (Houston NW suburb)
Re: Possible new gun owner question ?
This is a very unreliable indicator. Many people can pass the NICS check, purchase the firearm, and now possess it illegally.Taurus.40 wrote:Are you able to pass the NICS background check and buy firearms currently?
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
Re: Possible new gun owner question ?
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.Jumping Frog wrote: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.
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.
Re: Possible new gun owner question ?
Ignorance never has, and never will, be a defense. If you open it up for one thing, it would open it for all.Dave2 wrote: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.Jumping Frog wrote: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.
I'd contact an attorney and start working on making sure that if it isn't expunged, weigh your options in doing so.
Re: Possible new gun owner question ?
The NICS system was designed specifically to let gun dealers know if I can have a gun. Why should I think they'd get it wrong when half the time I have the think about how to spell my street's name?Chris wrote:Ignorance never has, and never will, be a defense. If you open it up for one thing, it would open it for all.Dave2 wrote: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.Jumping Frog wrote: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.
And we've got so many laws in this country that I can't help but think that soon even the most hard-core people will admit it's not reasonable to expect someone to know all of them.
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.
Re: Possible new gun owner question ?
I'd be willing to bet that NICS error rate is huge. You can't have a cleaner record than mine and I was denied once. It is a name and age based system that is inherently flawed.Dave2 wrote:The NICS system was designed specifically to let gun dealers know if I can have a gun. Why should I think they'd get it wrong when half the time I have the think about how to spell my street's name?Chris wrote:Ignorance never has, and never will, be a defense. If you open it up for one thing, it would open it for all.Dave2 wrote: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.Jumping Frog wrote: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.
And we've got so many laws in this country that I can't help but think that soon even the most hard-core people will admit it's not reasonable to expect someone to know all of them.
Life is tough, but it's tougher when you're stupid.
John Wayne
NRA Lifetime member
John Wayne
NRA Lifetime member
- Jumping Frog
- Senior Member
- Posts: 5488
- Joined: Wed Aug 25, 2010 9:13 am
- Location: Klein, TX (Houston NW suburb)
Re: Possible new gun owner question ?
I think it is reasonable to expect people to know their own conviction history. It is also reasonable to expect them to complete a Form 4373 truthfully.And we've got so many laws in this country that I can't help but think that soon even the most hard-core people will admit it's not reasonable to expect someone to know all of them.
The Form 4373 asks if a person has ever been convicted of a felony. It really is that simple.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
Re: Possible new gun owner question ?
Yes, get a lawyer
BUT,
But yes, get a lawyer.
BUT,
So, I earlier said that the NICS site didn't mention Deferred Adjudication in it's definitions page so if Texas law defines and exemption from convictions as a deferred adjudication then he may be OK.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.
But yes, get a lawyer.
Ray F.
Luke 22:35-38 "Gear up boys, I gotta go and it's gonna get rough." JC
-- Darrell Royal, former UT football coach - "If worms carried pistols, birds wouldn't eat 'em."

Luke 22:35-38 "Gear up boys, I gotta go and it's gonna get rough." JC
-- Darrell Royal, former UT football coach - "If worms carried pistols, birds wouldn't eat 'em."
