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  1. #1
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    Can I still buy a gun if I have a felony deferred adjudication arrest on my record?

    I was arrested in 2003 for felony possesion of controlled substance and did deferred adjudication. Can I still buy a gun?

  2. #2
    Senior Member Dcav's Avatar
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    Re: Can I still buy a gun if I have a felony deferred adjudication arrest on my recor

    Your best bet is to probably take the time and pay the fee for consulting an attorney on this matter so as to get proper legal advise.


    And so when man and horse go down
    Beneath a saber keen,
    Or in a roaring charge of fierce melee
    You stop a bullet clean,
    And the hostiles come to get your scalp,
    Just empty your canteen,
    And put your pistol to your head
    And go to Fiddlers' Green.

  3. #3
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    Re: Can I still buy a gun if I have a felony deferred adjudication arrest on my recor

    When was the final day of your probation? I agree with Dcav, consult a lawyer to be 100% certain. It's my understanding that you must wait 5 years after PROBATION ends, then you can possess firearms.
    "If guns cause crime, all of mine are defective."

    "I'm not a complete idiot, some parts are missing"

  4. #4
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    Re: Can I still buy a gun if I have a felony deferred adjudication arrest on my recor

    5 years, 10 years, lifetime. these are the usual routes for any type of conviction that would cause concern for firearm ownership. there are too many variables to say what your result might be. have you completed the terms of your adjudication and when was the final/complete term finished?

  5. #5
    Senior Member majormadmax's Avatar
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    Re: Can I still buy a gun if I have a felony deferred adjudication arrest on my recor

    Agreed, get legal advice but also read the following...

    How Long Does a Texas Deferred Adjudication Stay On Your Record? : Austin Criminal Defense Lawyer

    Good luck, and let us know how you make out!

    Cheers! M2
    When you're wounded and left on Afghanistan's plains,
    And the women come out to cut up what remains,
    Jest roll to your rifle and blow out your brains
    An' go to your Gawd like a soldier!


  6. #6
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    Re: Can I still buy a gun if I have a felony deferred adjudication arrest on my recor

    Renegade is the member with excellent knowledge of the federal firearms laws. He has advised, and my research has supported, that a deferred is not a conviction for purposes of the federal firearms laws.

    It is also not a conviction under state law regarding firearm possession.


    There are plenty of resources available online to show that.
    "Remember those who died, remember those who killed them."- Max Joseph

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  7. #7
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    Re: Can I still buy a gun if I have a felony deferred adjudication arrest on my recor

    Once you successfully complete deferred and the charges are set aside you should be fine to purchase. Depending on the conviction it is 5 years to get a carry permit as the carry law considers a deferred a conviction. This should also not prohibit you from owning NFA items once the term is complete. Just be VERY careful on deferred. They call it DA layaway for a reason.

  8. #8
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    Re: Can I still buy a gun if I have a felony deferred adjudication arrest on my recor

    Quote Originally Posted by ducksps View Post
    Once you successfully complete deferred and the charges are set aside you should be fine to purchase. Depending on the conviction it is 5 years to get a carry permit as the carry law considers a deferred a conviction. This should also not prohibit you from owning NFA items once the term is complete. Just be VERY careful on deferred. They call it DA layaway for a reason.
    The OP said it was a felony, and since it was not for Title 5, Penal Code, Chapter 29, Penal Code, Section 25.07, Penal Code, Section 30.02, Penal Code, nor was it an offense punishable under Subsection (c)(2) or (d) of that section, nor an offense under the laws of another state that contains elements that are substantially similar to the elements of an offense listed above, then he would be eligible 10 years from date of disposition.
    "Remember those who died, remember those who killed them."- Max Joseph

    "Speed is fine, but accuracy is final"-Bill Jordan

  9. #9
    Senior Member Renegade's Avatar
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    Re: Can I still buy a gun if I have a felony deferred adjudication arrest on my recor

    Arrests do not matter. Only indictments and convictions.

    If your answers to 11b & 11c are NO, then you are OK.

    ETA:

    Since it was drug-related, you also have to be able to say NO to 11e.


  10. #10
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    Re: Can I still buy a gun if I have a felony deferred adjudication arrest on my recor

    You should be able to purchase, once you're discharged from supervision and complete all terms.
    "Out here you better have a gun, and a gun in the wagon ain't good for nothin'. I believe what the old Quaker said, 'Trust in the Lord, but keep your powder dry." Louis L'Amour

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