Deferred adjudication and firearm ownership

[redgtsviper]

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.

 

[FlyingRon]

An arrest doesn't affect your ability to own weapons. A conviction does.

Who do you want to contact about what?

 

[moburkes]

Duplicate post

 

[Kane]

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.

 

[redgtsviper]

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

 

[xylene]

A policeman pulled you over, gave you wrong information, and nothing happened.

Case closed.

 

[seniorjudge]

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.