Expunged Record

[migraine]

hi everyone. ok here is the deal. my brother moved to texas a a few years back. he is wanting to purchase a firearm (not sure of type i.e.: rifle/shutgun/handgun).

back 1998 he was convicted of a felony in california an was tried in an county court for having sex with a minor (not rape just sex with a person under 18). he had just turned 20 she was like 3 days from being 18. a church member actually reported them. they were friends and were dating since high school. he admitted to having a relationship with her and served 60 days in county jail and 3yrs probation. after his probation was completed he had his felony reduced to a misdemeanor and immediatly expunged.

so is he allowed to own/purchase a hundgun/rifle/shotgun or any other type of weapon in texas with his expunged record from california?

what are the chances of being granted a concealed weapons permit?

 

[GM.Chief]

First off, welcome to TGT.

Q 1)Yes, he is allowed. Here is an excerpt from the FBI website concerning the NICS check and what constitutes a denial to buy a firearm. [URL]http://www.fbi.gov/hq/cjisd/nics/nicsfact.htm[/URL]
Federal Categories of Persons Prohibited From Receiving


A delay response from the NICS Section indicates that either you or another individual with 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) has been matched with either state prohibitive criteria or one or more of the following federally prohibitive criteria:

• 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 of justice—for example, the subject of an active felony or misdemeanor warrant.

• 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.

Q 2) Here is a listing from [URL]http://www.txchia.org/getchl.htm[/URL] as far as the chl goes.
Qualifications



To qualify for a Texas CHL you must:

1. Be 21 years old. (Members and former members of the armed forces must be 18.)
2. Have a clean criminal history, including military service and recent juvenile records.
3. Not be under a protective order.
4. Not be chemically dependent.
5. Not be of unsound mind.
6. Not be delinquent in paying fines, fees, child support, student loans, etc.
7. Be eligible to purchase a handgun by completing the NICS check.
8. Complete required training.

More information on the specifics of qualifying are available on the Texas Department of Public Safety site.

There are others on the site much more informed than I am who can help you out a little better, but I hope this gives you something to start with.

Here's one more link with a bit more detail about qualifying/disqualifying for a chl. It's more detailed than I wanted to read at this hour, but look between pages 9-11(page numbers at top of PDF, not on the page numbers from the "booklet"). http://www.txdps.state.tx.us/administration/crime_records/chl/LS-16_withchanges.pdf

 

[SIG_Fiend]

These are questions better left for a lawyer as opposed to random people speculating on the internet.

 

[GM.Chief]

Or you could go to a gun shop to purchase a gun. Fill out the 4473 and they will call it in. You will find out either immediately (or within 3 days max) if he can even buy a gun. You can also talk to DPS about the CHL requirements.

I will say this though. If he is not allowed to, DO NOT BUY ONE FOR HIM. Big jail time for YOU.

 

[migraine]

thanks for all the info. i had him call a pro-bono legal aid office and he was told yes he can purchase any firearm. as far as the CHL he was told to contact DPS before he applied.

 

[Texas1911]

According to state law you can own one even if it was a felony since it was 5 years since the end of his probation. The only constraints are where he can possess the firearm.

Look up Texas Penal Code Chapter 46.

 

[migraine]

good news.....he qualifies for a CHL as well.