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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 ?

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?

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 ?

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Hey , thank you Taurus, you been extremely helpful.

Good luck!

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!!!!

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.

Taurus.40 wrote:Are you able to pass the NICS background check and buy firearms currently?

This is a very unreliable indicator. Many people can pass the NICS check, purchase the firearm, and now possess it illegally.

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.

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.

Dave2 wrote:

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.

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.

Ignorance never has, and never will, be a defense. If you open it up for one thing, it would open it for all.

I'd contact an attorney and start working on making sure that if it isn't expunged, weigh your options in doing so.

Chris wrote:

Dave2 wrote:

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.

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.

Ignorance never has, and never will, be a defense. If you open it up for one thing, it would open it for all.

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?

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.

Dave2 wrote:

Chris wrote:

Dave2 wrote:

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.

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.

Ignorance never has, and never will, be a defense. If you open it up for one thing, it would open it for all.

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?

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'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.

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 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.

The Form 4373 asks if a person has ever been convicted of a felony. It really is that simple.

Yes, get a lawyer

BUT,

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.

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.

But yes, get a lawyer.