Can you pass a gun-purchase background check in Texas with an arrest warrant for murder?

AustinN4 · Sep 23, 2019

Fact-check: Can you pass a gun-purchase background check in Texas with an arrest warrant for murder?
https://www.statesman.com/news/2019...check-in-texas-with-arrest-warrant-for-murder

Not sure how accurate the above is, but here it is anyway.

ZX9RCAM · Sep 23, 2019

If a warrant hasn't been served, and you haven't got a record, why not.

BillFairbanks · Sep 23, 2019

The article lost me at “gun licenses”

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Renegade · Sep 23, 2019

AustinN4 said:
Fact-check: Can you pass a gun-purchase background check in Texas with an arrest warrant for murder?

Yes. Arrests do not make you a prohibited person. You would need an indictment.

SC-Texas · Sep 23, 2019

I think a outstanding warrant will cause a denial.

I have had a client with a warrant for hot checks form 1983 in Miami who was denied.

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Renegade · Sep 23, 2019

SC-Texas said:
I think a outstanding warrant will cause a denial.

I have had a client with a warrant for hot checks form 1983 in Miami who was denied.

There are 2 issue here.

1) Are you a prohibited person?

2) Will you pass NICS?

These are not the same. Lots of people who are not prohibited get denied on NICS, mostly as a result of poorly entered records. The problem is so pervasive, FBI as a program to help the UPIN.

mamboloco · Sep 23, 2019

1) a person with a warrant for his arrest in a murder case is still innocent until proven guilty.
2) a person who supposedly committed murder most likely already has a gun and wouldn't be shopping for one.

Journos are not the brightest.

El Spicoli · Sep 23, 2019

Pfft, just try. Not like the ATF will come after you unless you are on one of their lists.

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Kar98 · Sep 23, 2019

Pretty sure one of the questions is "are you a fugitive from Justice"...

El Spicoli · Sep 23, 2019

Kar98 said:
Pretty sure one of the questions is "are you a fugitive from Justice"...

Well there is that.

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MikeyJ · Sep 23, 2019

Kar98 said:
Pretty sure one of the questions is "are you a fugitive from Justice"...

Yep.

4473 Instructions said:
Question 11.d. Fugitive from Justice: Any person who has fled from any State to avoid prosecution for a felony or a misdemeanor; or any person who leaves the State to avoid giving testimony in any criminal proceeding. The term also includes any person who knows that misdemeanor or felony charges are pending against such person and who leaves the State of prosecution.

ZX9RCAM · Sep 23, 2019

Kar98 said:
Pretty sure one of the questions is "are you a fugitive from Justice"...

We know those fugitives from justice are an honest bunch, too...

Renegade · Sep 23, 2019

Kar98 said:
Pretty sure one of the questions is "are you a fugitive from Justice"...

A person who has been arrested is not a fugitive

AustinN4 · Sep 23, 2019

4473 Instructions said:
Question 11.d. Fugitive from Justice: Any person who has fled from any State to avoid prosecution for a felony or a misdemeanor; or any person who leaves the State to avoid giving testimony in any criminal proceeding. The term also includes any person who knows that misdemeanor or felony charges are pending against such person and who leaves the State of prosecution.

Seems to me that requires knowledge of the warrant.

SC-Texas · Sep 23, 2019

AustinN4 said:
Seems to me that requires knowledge of the warrant.

Hence if there is an outstanding warrant you are a fugitive

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SC-Texas · Sep 23, 2019

Renegade said:
A person who has been arrested is not a fugitive

Okay. Is the scenario
1. Arrested and released with no charges
2. No outstanding warrants

?

If that's the case not prohibited

Unless the arrest shows in NICS then NICS would deny

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easy rider · Sep 23, 2019

Democrats attacking the 5th Amendment now? How come I'm not surprised?

SC-Texas · Sep 23, 2019

That's interesting if true. So the new definition of fugitive requires the crossing of state lines.

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AustinN4 · Sep 23, 2019

SC-Texas said:
Hence if there is an outstanding warrant you are a fugitive

How would I know I had a warrant? It's not like they send an email or call my phone.

SC-Texas · Sep 23, 2019

AustinN4 said:
How would I know I had a warrant? It's not like they send an email or call my phone.

I don't think you have to know.

My guy with the Miami warrant had no idea.

I actually had a Mississippi deputy get denied 10 years ago because he had an open. Bogus assault case in harris county with a warrant. He had no idea

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Can you pass a gun-purchase background check in Texas with an arrest warrant for murder?

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