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[jbs1279]

I have tried to find out the answer and no one seems to know. In 2001 I plead no contest to a misdemeanor domestic violence charge. I recieved deferred adjudication and was not convicted. I have read that this is considered a conviction. My probation officer told me I could still own guns after the probation period ended. Then I read it's a federal offense to own guns. My wife and I want to get our CHL's and want to know once and for all if I'm eligible.

 

[txinvestigator]

I have tried to find out the answer and no one seems to know. In 2001 I plead no contest to a misdemeanor domestic violence charge. I recieved deferred adjudication and was not convicted. I have read that this is considered a conviction. My probation officer told me I could still own guns after the probation period ended. Then I read it's a federal offense to own guns. My wife and I want to get our CHL's and want to know once and for all if I'm eligible.

You have two seperate and distinct issues; Texas and Federal.

I believe, but am not sure, that federally that your deferred adjudication is not a conviction for purposes of possession of a firearm. Give me a few minutes and I'll see what I can find.

Regarding the Texas issue, your deferred IS a conviction for purposes of a CHL. However, it is only a 5 year disqualifier.

Texas Government Code
Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;


(9) is fully qualified under applicable federal and state law to purchase a handgun;

Sec. 411.171. DEFINITIONS. In this subchapter:

(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged; or
(B) pardoned under the authority of a state or federal official.

The Lautenberg Act states this regarding convictions;

18 USC ss 921(a)(33)(B)(ii):
(33) (B) (i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— (I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either (aa) the case was tried by a jury, or (bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

This will boil down to what finding the judge entered when you completed your deferred, and if that finding is considered "set aside" under Lautenberg.

 

[jbs1279]

Thank You! The five year thing I have heard of. That was a while ago. I will go fill out an NICS form and see what happens.

 

[jbs1279]

I filled out the nics form and now am the proud owner of a Glock 22. Shot it today and it was awesome. Thanks for the info.

 

[jbs1279]

Thanks to all who looked at this thread and all who responded. Just got my CHL in the mail this morning!!!!

 

[robin303]

Congrats

 

[Jon Payne]

I am very happy for you. Thank you for posting this.