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Protector
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Discussion Starter · #1 ·
In 2000 I divorced my ex wife. During the splitting of the his and hers I refused to give her back a computer that I bought for her. Long story short (to avoid her getting 50% of the business I owned) I accepted a charge of theft of the computer and was given 5 years deferred adjudication here in Texas (original sentence was 2 year state jail felony suspended in lieu of deferred adjudication). I successfully completed the deferred adjudication in September 2007. I can vote, serve on a jury, and hold public office.

Since then I have been able to purchase 2 different shotguns (and pass NICS). I use one for hog hunting and another for home protection.

It looks like Texas uses NICS for both hand guns and long arms. If I passed for a long arm, would I pass for a hand gun too?

In Texas, a deferred adjudication is not a conviction, but I know FBI laws are different.

Anyone have any real life experience of hand gun vs long gun NICS approvals?
 

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sturm maus
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dude you have a legit question you should have a lawyer for your buisness that could ask one of his leagle friends, ignorance of the law is no defense,for an opinion you might go to the l.e.o. members on here in texas....but DO NOT CALL A.T.F. OR B.I. PEOPLE YOU DONT WANNA BE PUT ON SOME B.S. CALL LIST.yea Im that distrustful.good luck ask questions buy private.be friendly with local l.e.o....& good luck
 

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I'm not from Texas but I can say with 99.5% confindence that it's the same system - long gun or handgun. Instant background check most likely done by your state police or whatever they call them.

Side note, were you finger printed for that charge?
If not, I would say you are good to go for a CCW permit as they use the same system - NICS for the background check on a CCW.

If yes, you were finger printed, I would pass on trying to get a CCW permit.
 

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Protector
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Discussion Starter · #5 ·
I was fingerprinted. In Texas I can have the charge expunged next year which will allow me to get my CHL. But the cool thing about Texas is we now have a "right to carry" law that allows us to "travel" with a concealed weapon in our vehicle without a CHL. The term "travel" is loose. It doesn't mean you can go to the grocery store w/ a concealed carry in the truck, but you can go from county to county. I know MANY people that keep a duffle (not a BOB or 3 day) w/ clothes and a few days worth of hygiene products in case they are pulled over.

Unfortunately I can't get a CHL until I get it expunged (which is easy since I've been a good boy all my life except for that), or wait 10 years (2017).
 

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Every state is different regarding concealed carry. Many will still grant as long as you weren't convicted of a felony (some specify violent felony).

The NICS checks don't matter. It's a federal check. If you passed for a long gun, you will pass for a handgun. Some states have restrictive firearms laws regarding handguns specifically, that are seperate from the NICS checks (waiting periods, etc).

Look up the laws where you live. You can stop by the local sheriff office and ask them what rules apply, and what they've seen work and not work. The lady doing my CCW was bored as heck and enjoyed some conversation while doing paperwork/fingerprints for me.

We've had guys buy guns that work with me, get their NICS checks held up for a week, almost always due to recent work-related background checks. The NICS seems to flag a recent check, as requiring follow up. They only see that an inquiry was made recently, and don't know why (work related or following arrest). That's the way the sheriff explained it to my friend when he asked about it.

But again, go to the source where you live and get the information in writing, and go from there. And yeah, I'd trust local law enforcement answer face-to-face, but not ATF or FBI agents over the phone.
 

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This is interesting because I was wondering the same thing too. A guy that I know was going through a rough time in his life. (I won't name him for privacy reasons.) It escalated so badly to the point of where he attempted suicide by inhaling helium through a bag to a tank or something. Just went off into the woods in his car and did this. Although someone found him because they had lived next over to the woods and so happened to be out.

Anyways, it was not a potentially endangering suicide attempt to others like in the case of firearms. He was a good guy, just went through a really rough patch. He was taken into a mental wellness facility for about 3-4 days for observation. Although it was "involuntary commitment" even though he complied peacefully with the sheriff and was handcuffed and taken to this place.

Now he's been out of that place for over a year and things have turned for the better for him. He's taken an interest in firearms and eventually hunting and he passed the NICS check and was able to buy a shotgun as well. However, he looked into getting a CCW permit and it explicitly asks on the paperwork "have you been adjudicated mentally defective or have been committed to a mental hospital?(if so please provide the paperwork of release from the facility in which you were placed in)"

He was not declared mentally defective as he didn't go stand in front of a judge. Anyways, I don't know what to tell him about this because He's afraid that if he goes and gets all the paperwork together from that facility and despite the fact that he was released with a clean bill of mental health he will likely not get accepted. So, it would be helpful if anyone knows somebody who's gone through this? Because he's gotten arbitrary answers from various sources even LEOs.
 

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On your BATF application for firearm purchase did you answer yes to the question of have you ever been convicted of a felony offense? If you said NO then you have committed a felony and WHEN they catch up to you it is not going to be pretty. If you said YES you had and the dealer did not catch it then you both may be in trouble.

What you need is to get with an attorney and find out exactly what your status is. Do you show a felony conviction on your record? The law for buying a firearm is the same for any weapon, shotgun, rifle, carbine, handgun. It is not state law you have to worry about. It is FEDERAL. I would get my self to at lawyer on Monday and find out where you stand.

If you can vote it is most likely that you were never reported as a felon. I would just be darn sure before I went and did anymore purchasing.

By the way all NICS backgrounds are done at the Federal level. the number the dealer calls is the Feds. One of my business partners has an FFL.
 

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Plays best, alone
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This is interesting because I was wondering the same thing too. A guy that I know was going through a rough time in his life. (I won't name him for privacy reasons.) It escalated so badly to the point of where he attempted suicide by inhaling helium through a bag to a tank or something. Just went off into the woods in his car and did this. Although someone found him because they had lived next over to the woods and so happened to be out.

Anyways, it was not a potentially endangering suicide attempt to others like in the case of firearms. He was a good guy, just went through a really rough patch. He was taken into a mental wellness facility for about 3-4 days for observation. Although it was "involuntary commitment" even though he complied peacefully with the sheriff and was handcuffed and taken to this place.

Now he's been out of that place for over a year and things have turned for the better for him. He's taken an interest in firearms and eventually hunting and he passed the NICS check and was able to buy a shotgun as well. However, he looked into getting a CCW permit and it explicitly asks on the paperwork "have you been adjudicated mentally defective or have been committed to a mental hospital?(if so please provide the paperwork of release from the facility in which you were placed in)"

He was not declared mentally defective as he didn't go stand in front of a judge. Anyways, I don't know what to tell him about this because He's afraid that if he goes and gets all the paperwork together from that facility and despite the fact that he was released with a clean bill of mental health he will likely not get accepted. So, it would be helpful if anyone knows somebody who's gone through this? Because he's gotten arbitrary answers from various sources even LEOs.
His " Involuntary" was probably "Voluntary" and he had to sign a form stating he was doing it as part of treatment. If it were trully Involuntary he would not have been released in 3-4 days. Double check the facts of his case, some state laws are different.
 

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Not To Reason Why...
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I think you are okay, but I would get a lawyer or para-legal to look into it. SERIOUSLY, like one other person said. If you marked "no" on the form for being a convicted felon, but you are, that's a felony right there, and you're in hot water. The paper work just hasn't caught up to the ATF. GET A LAWYER NOW TO COVER YOUR ARSE!

I've seen the opposite guys pass NICS but the store owner wouldn't let them purchase! The right to refuse service I suppose.
 

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Protector
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Discussion Starter · #13 ·
I did answer no, as instructed by a LEO that is on staff there. He said in Texas, deferred adjudication is just that. They have deferred a finding of guilt to see if your probation is successfully completed. If completed successfully, Texas law states that you may answer truthfully "NO" when asked about any previous conviction. He said he gets this question all the time, and as long as it is not a violent crime, family crime, or a crime against children or federal crime then it's good.

PS - He made it clear that he has also had to arrest felons on site that attempt to buy a gun. I just never thought to ask him about the handgun ability.
 

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I was fingerprinted. In Texas I can have the charge expunged next year which will allow me to get my CHL. But the cool thing about Texas is we now have a "right to carry" law that allows us to "travel" with a concealed weapon in our vehicle without a CHL. The term "travel" is loose. It doesn't mean you can go to the grocery store w/ a concealed carry in the truck, but you can go from county to county. I know MANY people that keep a duffle (not a BOB or 3 day) w/ clothes and a few days worth of hygiene products in case they are pulled over.

Unfortunately I can't get a CHL until I get it expunged (which is easy since I've been a good boy all my life except for that), or wait 10 years (2017).
In Texas as long as you are a law abiding citizen you can carry a handgun in your vehicle, nearly everywhere. Go to the dps website for the actual law.
If you can legally buy a shotgun you should have no problem with a handgun.
 

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Have gun,will travel
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You are probably ok, because the Federal gov't is concerned with criminal convictions. However, I would REALLY consult a lawyer rather than asking a bunch of folks here for their unqualified opinions (mine included!).
 
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there is nothing to be afraid of :eek:, there is no law against having a background check (nics) done. tech. it is done before you purchase anyway. either you pass or don't pass. the worse they will do is turn you down and then if you want, you have to track down why. then it will take a FOIA request to get it. some sites

http://www.handgunlaw.us/

http://opencarry.org/ , TEXAS section, though all could help

carry on
 

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Pretty sure Texas Castle Doctrine was extended to include your personal vehicle. So you can have and use a weapon to defend it and your self without a CHL in your vehicle.
http://www.capitol.state.tx.us/

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

That means you can carry a concealed handgun in a car that you own or control. You can't be carrying concealed while riding in the back seat of your friends car.
 
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