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Old 05-25-2012, 03:45 AM
bunit11687 bunit11687 is offline
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Default Felony Deferred Adjudication and Firearm Purchase in TX?



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Hello, this is my first post. I have a question regarding firearm purchases and deferred adjudication felony probation (in the state of Texas).

I was arrested back in 2007 for a State Jail felony (lowest felony) possesion of a controlled substance. During my court stuff, I chose to do deferred adjudication probation and have successfully finished my term (finished in early 2010, no screw-ups). It is my understanding that since I chose deferred adjudication, my charge is just considered an arrest, not a conviction. So when I fill out the 4473 form for firearm purchases, I should be able to check "No" when asked if I have ever been convicted of a felony.

My question is....since Im not cosidered a convicted felon, will I still be able to purchase a firearm?

****Edit - I have looked through a good number of websites/forums/ect... regarding this particular subject, and have found fairly good responses to this question, that I will legally be allowed to purchase firearms (some responses were negative, but not the majority). I have a couple friends that were in a similar boat as me and they still passed NICS background check, but their charge was different than mine, even though they still went through felony deferred adjudication probation.
Old 05-25-2012, 09:29 AM
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Dude ask a lawyer you will be arrested for applying our not suppose to. A lawyer consultation can cost $50 many gunshops have lawers familiar with gun laws ask them for a card they may even be able to answer your question but believe your lawyer it may save you thousand in court costs
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Old 05-25-2012, 10:04 AM
Herd Sniper Herd Sniper is offline
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You could call the prosecutor's office or the probation office of the county where you were arrested and ask them for free about your status. I would try one of the probation officers first to see what he'll tell you. In addition the P.O. can pull your record, confirm everything on it and specifically tell you what you can and can not do as a result of your sentence.
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Old 05-25-2012, 10:08 AM
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Deferred adjudication exists to give otherwise law-abiding people a second chance that mad a mistake. I know I have personally been there years ago myself. Typically when the adjudication period ends, after your probation is over, your record will show that you were never convicted or more typically charges dropped.

You have the right to check no to felony convictions as you were never convicted. You can also see a lawyer and get that item sealed on your record if you so chose. You can also get a CCW permit, that is if you live in a State that recognizes our Constitution still.
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Old 05-25-2012, 01:43 PM
bunit11687 bunit11687 is offline
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Thanks for the replies. I decided to go down to the local gun store this morning and ask them. The clerk said hes had a few people in a situation similar to mine purchase everything fine, although there were some lengthy delays. I filled out the 4473, he sent it off, came back a few minutes later and said I was delayed but should get a call back later today or tomorrow. Once I get that call, ill let yall know if I was able to procced or was denied
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Old 05-25-2012, 07:59 PM
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let us know how it goes good luck
Old 05-25-2012, 08:31 PM
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You were never convicted of a felony, never went to court so I would think not. But I'm not a lawyer.
Old 05-25-2012, 08:50 PM
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Quote:
Originally Posted by bunit11687 View Post
Hello, this is my first post. I have a question regarding firearm purchases and deferred adjudication felony probation (in the state of Texas).

I was arrested back in 2007 for a State Jail felony (lowest felony) possesion of a controlled substance. During my court stuff, I chose to do deferred adjudication probation and have successfully finished my term (finished in early 2010, no screw-ups). It is my understanding that since I chose deferred adjudication, my charge is just considered an arrest, not a conviction. So when I fill out the 4473 form for firearm purchases, I should be able to check "No" when asked if I have ever been convicted of a felony.

My question is....since Im not cosidered a convicted felon, will I still be able to purchase a firearm?

****Edit - I have looked through a good number of websites/forums/ect... regarding this particular subject, and have found fairly good responses to this question, that I will legally be allowed to purchase firearms (some responses were negative, but not the majority). I have a couple friends that were in a similar boat as me and they still passed NICS background check, but their charge was different than mine, even though they still went through felony deferred adjudication probation.
You can find it in the Texas Code of Criminal Procedure Title 1 Chapter 42 Article 42.111 Section 5 (C)

Here is the Link:

http://www.statutes.legis.state.tx.u....42.htm#42.111

Pay special attention to the part regarding petitioning the court for non-disclosure.
Old 05-25-2012, 11:35 PM
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After a few hours, I got a call back from the store saying that I can proceed. Went to pick it up and everything went well.
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Old 05-26-2012, 12:22 AM
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ok thank you i have been wondering the same and its kinda funny we have the same charge and date. but from my understanding i could not. i never tried and i asked several local police but they did say they were not sure. but what led me to think i could not own a fire arm was the part about a crime punishable up to x amount of years. and also the thing that got me was the whole state law vs federal law. im not a lawyer or anything this is just from google. but it depends on your plea if you pled no contest the federal gov looks at it as a plea of guilt so they see it the same but IDK.
BUT THANK YOU SO MUCH FOR FINDING THIS ANSWER. i had a post a long time ago about the same question. what kinda gun did you purchase if you dont mind me asking.
because a felon can own a shotgun/rifle in his home after 5 years of his completion of probation/incarceration ect.
Old 05-26-2012, 01:40 AM
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Taurus 709 slim. When I went in and they began the background check, I had my mind prepared to hear "denied", but once I got the call, I was so happy. From what I read on the internet, the odds were that I would be good to go, although I found some articles that said I wouldnt, so I decided I might as well find out on my own. I too was also searching for the answer to this for awhile now
Old 05-26-2012, 10:34 AM
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Originally Posted by bunit11687 View Post
Taurus 709 slim. When I went in and they began the background check, I had my mind prepared to hear "denied", but once I got the call, I was so happy. From what I read on the internet, the odds were that I would be good to go, although I found some articles that said I wouldnt, so I decided I might as well find out on my own. I too was also searching for the answer to this for awhile now
Congratulations!
Old 05-26-2012, 11:19 AM
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Withholds do not hold up federally. Only in the state level. I'm familiar with fl withholds. After 3 years you can carry. You wouldn't be able to do that in another state that didn't recognize a withold of adjudication.

Congrats
Old 05-26-2012, 06:06 PM
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congratulations
Old 08-27-2013, 06:52 AM
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Bunit you still on the site?
Old 01-10-2014, 01:21 AM
bunit11687 bunit11687 is offline
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Sorry for the 5 month late reply, but yes, I still visit and browse here every now and then.
Old 01-10-2014, 07:29 PM
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Quote:
Originally Posted by bunit11687 View Post
Hello, this is my first post. I have a question regarding firearm purchases and deferred adjudication felony probation (in the state of Texas).

I was arrested back in 2007 for a State Jail felony (lowest felony) possesion of a controlled substance. During my court stuff, I chose to do deferred adjudication probation and have successfully finished my term (finished in early 2010, no screw-ups). It is my understanding that since I chose deferred adjudication, my charge is just considered an arrest, not a conviction. So when I fill out the 4473 form for firearm purchases, I should be able to check "No" when asked if I have ever been convicted of a felony.

My question is....since Im not cosidered a convicted felon, will I still be able to purchase a firearm?

****Edit - I have looked through a good number of websites/forums/ect... regarding this particular subject, and have found fairly good responses to this question, that I will legally be allowed to purchase firearms (some responses were negative, but not the majority). I have a couple friends that were in a similar boat as me and they still passed NICS background check, but their charge was different than mine, even though they still went through felony deferred adjudication probation.
Nevermind, I see that you were successful.
Old 01-10-2014, 10:11 PM
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Congrats on passing the background check. For future reference folks, I'd suggest writing to the District Attorney and getting their opinion, in writing. Keep their letter in the event it ever came up later,
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Old 01-11-2014, 01:05 AM
bunit11687 bunit11687 is offline
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Congrats on passing the background check. For future reference folks, I'd suggest writing to the District Attorney and getting their opinion, in writing. Keep their letter in the event it ever came up later,
I think that's a good idea. Even though I've spent a lot of additional hours researching deferred adj. and have a bunch of articles, websites, etc... bookmarked and saved (even looked at different states out of curiosity also), it is always good to have something like that in writing.

Also, if anyone's wondering, I've gone through quite a few more NICS checks and passed them all. (In the double digits now). Around half of them give me a delay for a day, and the other half are a proceed in just a few minutes.
Old 03-08-2014, 02:56 AM
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Default Deferred Adjudication

since you finished deferred adjudication you need to hire an attorney and do the non-disclosure for deferred adjudication. if granted which if it was your only trouble with the law it is almost always granted. the disclosure is sent to every law enforcement and its sent to fbi and no one can see it not even potential employers, except if you are applying for a license with the department of health and it can still be used against you if you get into trouble again.
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