Quick Legal Question

Discussion in 'General Firearms & Ammo' started by Vicente, Nov 22, 2008.

  1. Vicente

    Vicente New Member

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    I have a quick legal question, searched for a while but no luck. I have a friend who wants to buy my Ruger 9mm. He was arrested on felony charges years back, but was not convicted. I'm not sure if it was over 5 years ago or not, I told him to get me an exact date. He finished up his probation without any problems, it was for a non violent crime. Can he legally own a handgun? What about a long gun? All the info I've been able to find out through different websites has to deal with convicted felons - and he was not convicted, he got the charge deferred. Thanks in advance. If this thread doesn't belong here, please move to the proper location.
     


  2. TXTacticalSource

    TXTacticalSource Member

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    If you look at the Texas Department of Public Safety online it states that...

    "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:
    1. expunged; or
    2. pardoned under the authority of state or federal official.
      CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for an offense under Title 5, Penal Code, or Chapter 29, Penal Code.
     
  3. Texan2

    Texan2 TGT Addict

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    I hear this alot and this has always been my experience.

    People always have a "friend" who was arrested for something or other, but they didn't get convicted.
    This is usually followed by some variation of how they completed their probation without any problems.
    But ask yourself....if he wasn't convicted, why was he on probation? Probation is for those that are convicted or given some deferred ajudication. If you are considerign selling him a gun....you are putting yourself out on a limb, especially because you are aware of his criminal history. If you were not aware of it you would have been safer.

    The above post by XD9 is accurate in reference to getting a CHL. But, I believe that to have your right to even own a firearm, 5 years has to have passed since the end of his probation, then he can petition the court ot have that civil right restored. It has been sometime since I have looked at those laws so double check those times, but I am almost sure it is still 5 years to vote and possess a gun.
    My experience has been that "non-violent crime" usually equals a drug charge. MY 2 cents would be to not risk it. Let him buy from a store and have them do a NICS check, if it passes....he's in the clear. I'm not risking my future to help a convicted felon to get a gun.:2cents:
     
  4. txinvestigator

    txinvestigator TGT Addict

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    That is from the Texas Government Code Concealed handgun Section. That is NOT in relation to being in possession of a firearm. AND, you missed this part;

    "Sec. 411.171. DEFINITIONS. In this subchapter:" meaning that definition only applies to the term conviction in that section of the Givernment Code

    Here is the law;

    If the friend was on community supervision/deferred adjudication (and it reads like he was) then he is not convicted. Federal law reads the same way, so he is eligible to purchase and possess a handgun under federal and state law.

    Remember, I an not an attorney, just someone who reads the various codes and laws.
     
  5. Vicente

    Vicente New Member

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    OK thanks for the help guys. I recommended to him that he should go with a 18.5" 12 guage for home defense, but if he wants the 9mm it's his.
     
  6. mac79912

    mac79912 Well-Known

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    Take your gun to a FFL dealer and have him transfer it.The NICS check will determine if he is eligible to own a firearm.Might cost you $20 to $35 but it is better to be safe than sorry.
     
  7. JKTex

    JKTex Well-Known

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    Bingo!! He'll know for sure as well. And there is usually more to the story.....otherwise we don't put effort in trying to justify something. :p
     
  8. TXTacticalSource

    TXTacticalSource Member

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  9. rodbender

    rodbender Active Member

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    If he took a plea bargain it is still considered a conviction. Let a FFL transfer it. Don't take a chance. If he gets busted you can be charged for supplying a firearm to a felon. Better safe than in jail and sorry.
     

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