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

[easy rider]

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

Sent from my SM-N976V using Tapatalk

Just because a warrant was issued doesn't mean it automatically goes to the FBI. A federal warrant on the other hand does. Outstanding misdemeanor warrants filed with the FBI can be reason for denial.

 

[Renegade]

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

Only for 4473.

 

[Kar98]

A person who has been arrested is not a fugitive

No, but a person who has a warrant out for their arrest?

 

[easy rider]

No, but a person who has a warrant out for their arrest?

Fugitive implies a person knows that he is wanted and flees arrest.

 

[AustinN4]

Fugitive implies a person knows that he is wanted and flees arrest.

That is what I was trying to sat a few posts back.

 

[oldag]

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

Are you asking "for a friend"?

 

[easy rider]

That is what I was trying to sat a few posts back.

Sorry, thought you were asking.

 

[Renegade]

No, but a person who has a warrant out for their arrest?

For 4473 purposes they would have to flee the state to avoid the warrant.

 

[avvidclif]

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

Where do you think a warrant comes from???

 

[Renegade]

Where do you think a warrant comes from???

Warrants have absolutely nothing to do with whether one is a prohibited person or not. But to answer your question, Judge sign warrants.

 

[kenboyles72]

Many, many years ago, I had a warrant for a traffic violation, speeding I think. Anyways, went to purchase a firearm and got denied. Couple days later, I get a visit from the Sheriff's Dept and got to spend the night in the gray bar motel. This is still true today, if you have a warrant, you will get denied and local or county law enforcement will be notified.

 

[SC-Texas]

Fugitive implies a person knows that he is wanted and flees arrest.

It does not imply that as far as I know

Sent from my SM-N976V using Tapatalk

 

[txinvestigator]

It does not imply that as far as I know

Sent from my SM-N976V using Tapatalk

You are correct sir

 

[txinvestigator]

Many, many years ago, I had a warrant for a traffic violation, speeding I think. Anyways, went to purchase a firearm and got denied. Couple days later, I get a visit from the Sheriff's Dept and got to spend the night in the gray bar motel. This is still true today, if you have a warrant, you will get denied and local or county law enforcement will be notified.

Notified by whom?

 

[V-Tach]

Is it wrong that sometimes I would like to run a background check on the seller?

 

[Renegade]

It does not imply that as far as I know

It is the very basic definition of the word.

fu·gi·tive
/ˈfyo͞ojədiv/
noun

1. a person who has escaped from a place or is in hiding, especially to avoid arrest or persecution.

 

[Renegade]

Many, many years ago, I had a warrant for a traffic violation, speeding I think. Anyways, went to purchase a firearm and got denied. Couple days later, I get a visit from the Sheriff's Dept and got to spend the night in the gray bar motel. This is still true today, if you have a warrant, you will get denied and local or county law enforcement will be notified.

no, it does not work like that. As I said more than once, a warrant does not make you a prohibited person. Warrants are not even entered into NICS

 

[Bithabus]

no, it does not work like that. As I said more than once, a warrant does not make you a prohibited person. Warrants are not even entered into NICS

In some states that run their own checks via state police a warrant or undisposed charge will deny. Maybe that's what is being mentioned here.

 

[Glenn B]

You apparently can pass a NICS check anywhere if there is an arrest warrant out for you as far as federal guidelines go for the check. That can be seen in the below section that I copied from the FBI website. Admins please note since it was on a government website - there is no copyright and thus no copyright infringement - it is public domain information provided by the government. "Unless otherwise indicated, information on Department of Justice websites is in the public domain and may be copied and distributed without permission." (source).

Federal Categories of Persons Prohibited from Receiving
A delay response from the NICS Section indicates the subject of the background check has been matched with either a state or federal potentially prohibiting record containing a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth). The federally prohibiting criteria are as follows:

• A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
  
• Persons who are fugitives from justice.
  
• An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.
  
• A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.
  
• A person who, being an alien, is illegally or unlawfully in the United States.
  
• A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
  
• A person dishonorably discharged from the United States Armed Forces.
  
• A person who has renounced his/her United States citizenship.
  
• The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.
  
• A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
  
• A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.

Source.

 

[Eli]

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.

Hinojosa is full of it:

“You can have an active warrant for your arrest for murder and legally pass a background check system in the state of Texas,” Hinojosa said.

Hinojosa’s staff said her claim is true, since the U.S. Department of Justice adopted a new interpretation for “fugitive from justice,” meaning the classification only refers to people wanted by law enforcement who have crossed state lines.

That is grossly incorrect:

You apparently can pass a NICS check anywhere if there is an arrest warrant out for you as far as federal guidelines go for the check. That can be seen in the below section that I copied from the FBI website. Admins please note since it was on a government website - there is no copyright and thus no copyright infringement - it is public domain information provided by the government. "Unless otherwise indicated, information on Department of Justice websites is in the public domain and may be copied and distributed without permission." (source).

Source.

Thanks, the relevant part is, "A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year."
That means the warrant actually does make you a Prohibited Person, and if the warrant is entered into NCIC (as it should be) you'll get denied!

Eli