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  1. #1
    redgtsviper is offline Junior Member
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    Deferred adjudication and firearm ownership

    What is the name of your state? Texas

    In 1999 I was arrested for possession of steroids, it was a class 3 felony charge. I received a deferred adjudication with 2 years probation. I completed my probation in 2002 without any problem.

    From what I understand I am able to own firearms again. I have bought around 12 in the past years and never had a problem with the ATF background check.

    This past weekend I was pulled over for speeding while going dove hunting. The DPS office saw that I had a shotgun in my truck. When he went to run my license he came back and gave me my ticket, he asked me if I had ever been arrested, I said yes, once and it was back in 1999. I explained that it was a deferred adjudication.

    He seemed to think that I had a felony on my record. He was very nice about it and did not take me to jail, but he did explain that the info dispached to him said I had a felony arrest.

    So my two main questions.

    1. Am I able to own firearms again, I was always under the impression that I could, and I have had no problem buying them.

    2. Who should I contact about this. I can not find the lawyer I used back in 1999. This all happened in Del Rio, Texas (Val Verda County). I have no idea where to start on this

    Any help would be great.
  2. #2
    FlyingRon is offline Senior Member
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    An arrest doesn't affect your ability to own weapons. A conviction does.

    Who do you want to contact about what?
  3. #3
    moburkes is offline Senior Member
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    Duplicate post
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  4. #4
    Kane is offline Member
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    The offense the officer was probably thinking of is PC 46.06.

    UNLAWFUL POSSESSION OF FIREARM. (a) A person
    who has been convicted of a felony commits an offense if he
    possesses a firearm:
    (1) after conviction and before the fifth anniversary
    of the person's release from confinement following conviction of
    the felony or the person's release from supervision under community
    supervision, parole, or mandatory supervision, whichever date is
    later.
    Deferred adjudication isn't a conviction under Texas law. So you aren't guilty of that particular violation - and it's a good thing, since it's a third degree felony. Unfortunately, the Feds use their own definition of what is and isn't a conviction, for the purposes of Federal criminal law, and the Texas legislature itself often gets it wrong.

    For example, for the purposes of the Texas CHL:

    "Convicted" means an adjudication of guilt or,
    except as provided in Section 411.1711, an order of deferred
    adjudication entered against a person by a court of competent
    jurisdiction whether or not the imposition of the sentence is
    subsequently probated and the person is discharged from community
    supervision.
    So if you go to get a handgun license, DPS may well say you're "convicted," even though you weren't convicted.

    Who should I contact about this. I can not find the lawyer I used back in 1999. This all happened in Del Rio, Texas (Val Verda County). I have no idea where to start on this
    Look in the phone book for criminal lawyers, and call them. The laws related to guns and convictions (and non-convictions) are complicated. It's worth talking to someone who knows them backward and forward.
  5. #5
    redgtsviper is offline Junior Member
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    Kane thanks for the info. I am aware of the DPS saying if you have a DA you can not get a CHL.

    But over all am I allowed to have a firearm, I am under the impression that I am allowed

    Are you a lawyer
  6. #6
    xylene is offline Senior Member
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    A policeman pulled you over, gave you wrong information, and nothing happened.

    Case closed.
  7. #7
    seniorjudge is offline Senior Member
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    Quote Originally Posted by redgtsviper View Post
    Kane thanks for the info. I am aware of the DPS saying if you have a DA you can not get a CHL.

    But over all am I allowed to have a firearm, I am under the impression that I am allowed

    Are you a lawyer
    He said you had a felony arrest.

    That will always be true.
    There are two rules for success:

    (1) Never tell everything you know.

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