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

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  • Renegade

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    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

    no, no, no.

    Arrests and warrants do not make you a prohibited person. Indictments do.
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    Renegade

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    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.

    the article seemed pretty specific to Texas. If we are going to include mistakes then I guess just about anything can get you denied. Does not mean you are a prohibited person though.
     
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    the article seemed pretty specific to Texas. If we are going to include mistakes then I guess just about anything can get you denied. Does not mean you are a prohibited person though.

    I meant the people who posted later talking about their experiences. Those states that run their own checks may deny for reasons outside normal NICS parameters, so in those states there are more factors that can get someone denied. Agree article is Texas specific.
     
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    kenboyles72

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    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

    Well, that was the only time I have been denied and I don't think it was a coincidence, that two days later I get a visit from County. And from what I heard, the background check for firearms in Texas do a Federal and State check. Sometimes you will pass and sometimes you wont, just depends on the jurisdiction on whether they report it or not.

    Like i said, this was like over 20 yrs ago, things may not be the same today.
     

    Renegade

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    Like i said, this was like over 20 yrs ago, things may not be the same today.

    OK

    Over 20 years ago NICS was not online and were under 5 year Waiting period system.

    And yes was a klusterphuck as standards were not uniform. Dallas PD for example was denying for unpaid parking tickets.
     

    gshayd

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    Question 11.b. - 12. Generally, 18 U.S.C. 922(g) prohibits the shipment, transportation, receipt, or possession in or affecting interstate commerce of a firearm by one who: has been convicted of a felony in any Federal, State or local court, or any other crime, punishable by imprisonment for a term exceeding one year (this does not include State misdemeanors punishable by imprisonment of two years or less); is a fugitive from justice; is an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance; has been adjudicated as a mental defective or has been committed to a mental institution; has been discharged from the Armed Forces under dishonorable conditions; is subject to certain restraining orders; convicted of a misdemeanor crime of domestic violence under Federal, State or Tribal law; has renounced his/her U.S. citizenship; is an alien illegally in the United States or an alien admitted to the United States under a nonimmigrant visa. Furthermore, section 922(n) prohibits the shipment, transportation, or receipt in or affecting interstate commerce of a firearm by one who is under indictment or information for a felony in any Federal, State or local court, or any other crime, punishable by imprisonment for a term exceeding one year. An information is a formal accusation of a crime verified by a prosecutor.
     

    Eli

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    no, no, no.

    Arrests and warrants do not make you a prohibited person. Indictments do.

    Incorrect. The warrant means you are under information, and makes you a prohibited person.

    Formal accusation of a crime made by a prosecuting attorney as distinguished from an indictment presented by a grand jury.

    An information is a written accusation of crime made by a district attorney, without action by a grand jury, after a magistrate, at a preliminary hearing, has found sufficient cause to believe the defendant guilty of a public offense and has ordered him committed.
    https://www.lectlaw.com/def/i037.htm

    More information on information: https://legal-dictionary.thefreedictionary.com/information

    Most people have no idea what information means, and incorrectly assume a conviction is required to make you a prohibited person. A person out on bail for a felony is also a prohibited person...

    Eli
     

    Renegade

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    The warrant means you are under information, and makes you a prohibited person.

    no a warrant means you need to be brought before a judge.

    Again, arrests, warrants for arrest are not DQ’ers. And indictments are only DQ’ers after they have been unsealed. ATF has been clear on this. I suggest you review your guidance materials.

    A person out on bail for a felony is also a prohibited person...

    Eli

    No, bail plays no role in determining if you are DQ’ed or not. When you are done reading the ATF guidance from above, read USC922 which lists the DQers.
     

    Glenn B

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    Hinojosa is full of it:


    That is grossly incorrect:



    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
    Hmm.
     
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    9   0   0
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    Incorrect. The warrant means you are under information, and makes you a prohibited person.


    https://www.lectlaw.com/def/i037.htm

    More information on information: https://legal-dictionary.thefreedictionary.com/information

    Most people have no idea what information means, and incorrectly assume a conviction is required to make you a prohibited person. A person out on bail for a felony is also a prohibited person...

    Eli

    A person can have an active arrest warrant with no formal charges. The information or indictment can come later.
     
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