Buddy wants to buy a guns but does not know if he can.

[Mikewood]

He pled guilty a few years back on a charge of assault. Seems he pulled a gun on a guy who was going to beat him up after a traffic encounter. Guy was charging him screaming and yelling. Anyway he thinks there is a new law that says he can't own a gun after being in a "violent encounter".

Any thoughts?

 

[Texas1911]

He pled guilty a few years back on a charge of assault. Seems he pulled a gun on a guy who was going to beat him up after a traffic encounter. Guy was charging him screaming and yelling. Anyway he thinks there is a new law that says he can't own a gun after being in a "violent encounter".

Any thoughts?

According to the penal code basic Assault using threats of force is a Class C misdemeanor.

My personal opinion is that he's OK. You pretty much have to have a domestic, multiple drug offenses (DWI, etc.), or a felony to be excluded.

 

[txinvestigator]

According to the penal code basic Assault using threats of force is a Class C misdemeanor.

My personal opinion is that he's OK. You pretty much have to have a domestic, multiple drug offenses (DWI, etc.), or a felony to be excluded.

If the person uses or EXHIBITS a deadly weapon while committing the assault it is Aggravated Assault, a felony.

So it depends on the grade of what the person was convicted.

 

[medalguy]

He needs to go back to his attorney at the time and find out exactly what the charge was. Makes a big difference. Also get copies of all court disposition papers and hang on to them. They're going to be important at some point in his life, like maybe now.

 

[poolingmyignorance]

if he was never convicted, ( he'd know if he was, and of what) then no worries. if you have a disqualifying misdemeanor there is no harm in atempting to purchase. or even get a CHL. Just being arrested and charged isn't enough to be DQ'd in texas.

 

[txinvestigator]

if he was never convicted, ( he'd know if he was, and of what) then no worries. if you have a disqualifying misdemeanor there is no harm in atempting to purchase. or even get a CHL. Just being arrested and charged isn't enough to be DQ'd in texas.

The OPs first sentence states the guy pled guilty.

 

[SC-Texas]

What court was it in?

District? Most likely felony.

 

[ChunkyMonkey]

Yeah, that's definitely not just a class C, lol. I would think along the lines, depending tour DA, deadly conduct, disorderly conduct, or even terroristic threats. I've seen those play all those different ways. You friend at the VERY LEAST should be able to tell you what level his charge was. Either being issued a ticket, or A/B misdemeanor.

 

[Mikewood]

Thanks guys, it looks like he is confused by the law regarding domestic violence and what is simple misdemeanor violence. I don't think he's a felon trying to get around the system. Just a guy who got in a tight spot and was not properly represented by a good attorney.

He was looking to buy an NFA item and I have referd him to you Sean.

 

[txfireguy2003]

I'm not sure, but from what you said, sounds like he should have never pled guilty. A good lawyer could have gotten him off if the whole story is true. Guy charges you, and you feel you are in danger of death or serious bodily injury, you're justified in using deadly force. I'm betting what may have happened, is they charged him with a felony that they knew they wouldn't win, then allowed him to plea bargain down to a lesser offense (which he shouldn't have been charged with anyway). Did he do time in jail, get sentenced to "time served", pay a fine, probation?

 

[ChunkyMonkey]

but, it also depends on what put him in that situation leading up to the pulling of the weapon....the facts of the "traffic encounter." but, would definitely consult back with his original attorney if possible.

 

[Bithabus]

I hope he would know if he pled guilty to a felony.

 

[ChunkyMonkey]

yeah, no kidding....

 

[txinvestigator]

I'm not sure, but from what you said, sounds like he should have never pled guilty. A good lawyer could have gotten him off if the whole story is true. Guy charges you, and you feel you are in danger of death or serious bodily injury, you're justified in using deadly force.

Negative. Your feelings are meaningless. To have the justification in chapter 9, you must REASONABLY BELIEVE DEADLY FORCE IS IMMEDIATELY NECESSARY TO PROTECT YOURSELF FROM THE OTHERS USE OR ATTEMPTED USE OF UNLAWFUL DEADLY FORCE. A guy charging you MAY qualify, but the circumstances would have to be very much more than him screaming and running at you.

I'm betting what may have happened, is they charged him with a felony that they knew they wouldn't win, then allowed him to plea bargain down to a lesser offense (which he shouldn't have been charged with anyway).

I'll take that bet. How can you get that without knowing ANY facts?

 

[TheDan]

Roll the dice... Goto a gun store and try to buy a gun. Pass the NICS check and you win!

 

[ChunkyMonkey]

lol.....nice.....Now, sitting in his car and the guy attempts to pull him out of his vehicle may be a different scenario.