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

[djrocky]

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

 

[Dcav]

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.

​

 

[woolleyworm]

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.

 

[shooterfpga]

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?

 

[majormadmax]

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

 

[txinvestigator]

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.

 

[ducksps]

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.

 

[txinvestigator]

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.

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.

 

[Renegade]

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.

 

[jgalvanatx]

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.

 

[Gramps]

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

DJ - You should be fine. I had something similar back in '05 and have not had a problem.

 

[djrocky]

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

Thanks gramps.

Yes I have been discharged after completing my terms in early 2007. I haven't been in trouble with the law since and am also not addicted to drugs. I know I couldn't get a chl but I don't need one. I just want to go shooting at the range, and maybe something for home defense against zombies... Just kidding about the zombies, but yeah thanks for all the advice guys.

 

[Yocan]

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

I think you should be fine too, still I'd check with a lawyer if you get one and your not fine then your actually going to go to jail. IMO at 7 or 10 years you could get it expunged entirely if defered adjucation still shows up on your background check and be totally clean, again consult with an attorney.

 

[SC-Texas]

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

A successfully completed deferred adjudication is not a conviction. Therefore you are not a prohibited person.

Make sure you successfully completed the def. Adj. And the guilty plea was setbaside and the case dismissed.

 

[txinvestigator]

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

I think you should be fine too, still I'd check with a lawyer if you get one and your not fine then your actually going to go to jail. IMO at 7 or 10 years you could get it expunged entirely if defered adjucation still shows up on your background check and be totally clean, again consult with an attorney.

Deferreds are not eligible for expunction

 

[Eli]

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

Deferreds are not eligible for expunction

I know that's what is said, but I have been told buy attorneys that have done it that it is still possible.

Eli

 

[txinvestigator]

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

I know that's what is said, but I have been told buy attorneys that have done it that it is still possible.

Eli

Eligibility for expunction is in the Code of Criminal Procedure. Look it up.

 

[SC-Texas]

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

I know that's what is said, but I have been told buy attorneys that have done it that it is still possible.

Eli

They were incorrect.

 

[mike@t.firearms]

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

.

 

[Glockster69]

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

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