Finished deferred adjudication, can I purchase a gun now? - DFWstangs Forums
 
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post #1 of 8 (permalink) Old 03-11-2010, 03:19 PM Thread Starter
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Finished deferred adjudication, can I purchase a gun now?

A few years ago I got put on deferred adjudication for a state jail felony. Since then I completed and was discharged from community supervision. No final finding of guilt was ever entered, and my background checks don't show any thing other than my arrest. I should be able to purchase a gun, right?
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post #2 of 8 (permalink) Old 03-11-2010, 03:24 PM
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What did you get charged with?
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post #3 of 8 (permalink) Old 03-11-2010, 03:28 PM Thread Starter
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criminally negligent homicide. I wrecked a car and the guy who was riding with me died.
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post #4 of 8 (permalink) Old 03-11-2010, 03:29 PM
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good luck with that....
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post #5 of 8 (permalink) Old 03-11-2010, 03:41 PM
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You may need to get the record sealed, or expunged, but I dont think it would be an issue.
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post #6 of 8 (permalink) Old 03-11-2010, 03:50 PM Thread Starter
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Expunction isn't an option in Texas for people who've taken deferred adjudication, and I can't get the record sealed for another four years. As far as I can tell, I should be able to purchase, but getting a CHL isn't an option.
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post #7 of 8 (permalink) Old 03-11-2010, 04:44 PM
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Quote:
Originally Posted by white89gt View Post
Expunction isn't an option in Texas for people who've taken deferred adjudication, and I can't get the record sealed for another four years. As far as I can tell, I should be able to purchase, but getting a CHL isn't an option.
Call the court in which you got Deferred from. Check with them if you are able to purchase a gun or not, now that your deferred is complete. It really depends on how they put it into YOUR criminal history.

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post #8 of 8 (permalink) Old 03-11-2010, 06:23 PM
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Sec.A46.04.A
UNLAWFUL POSSESSION OF FIREARM.A
(a) A person
who has been convicted of a felony commits an offense if he
possesses a firearm:

(1)Aafter conviction and before the fifth anniversary
of the person ís release from confinement following conviction of
the felony or the person ís release from supervision under community
supervision, parole, or mandatory supervision, whichever date is
later; or

(2)AAafter the period described by Subdivision (1), at
any location other than the premises at which the person lives.

(b)A person who has been convicted of an offense under
Section 22.01, punishable as a Class A misdemeanor and involving a
member of the person ís family or household, commits an offense if
the person possesses a firearm before the fifth anniversary of the
later of:

(1)the date of the person ís release from confinement
following conviction of the misdemeanor; or

(2)the date of the person ís release from community
supervision following conviction of the misdemeanor.

(c)A person, other than a peace officer, as defined by
Section 1.07, actively engaged in employment as a sworn, full-time
paid employee of a state agency or political subdivision, who is
subject to an order issued under Section 6.504 or Chapter 85, Family
Code, under Article 17.292 or Chapter 7A, Code of Criminal
Procedure, or by another jurisdiction as provided by Chapter 88,
Family Code, commits an offense if the person possesses a firearm
after receiving notice of the order and before expiration of the
order.

(d)AAIn this section, "family," "household," and "member of a
household" have the meanings assigned by Chapter 71, Family Code.

(e)An offense under Subsection (a) is a felony of the third
degree. An offense under Subsection (b) or (c) is a Class A
misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Renumbered from Penal Code Sec. 46.05 and amended by Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 2001,
77th Leg., ch. 23, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 836, Sec. 4, eff. Sept. 1, 2003.

Sec.A46.041.AAUNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY
FELON.A (a)AIn this section, "metal or body armor" means any body
covering manifestly designed, made, or adapted for the purpose of
protecting a person against gunfire.
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