Quick Legal Question

Vicente

New Member
Nov 9, 2008
19
6
SW Houston
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.
 
Oct 8, 2008
160
16
Houston, TX
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.
 

Texan2

TGT Addict
Nov 8, 2008
7,935
36
South of San Antonio
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.
 

txinvestigator

TGT Addict
May 28, 2008
14,102
113
Ft Worth, TX
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.
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;

Texas Penal Code
Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM.
(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person's release from confinement following conviction of the misdemeanor; or
(2) the date of the person's release from community supervision following conviction of the misdemeanor
.(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.
(d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection
(a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.



Texas Code of Criminal Procedure (relevant parts)

42.12 section 5

(c) On expiration of a community supervision period imposed under Subsection (a) of this section, if the judge has not proceeded to adjudication of guilt, the judge shall dismiss the proceedings against the defendant and discharge him.

Except as provided by Section 12.42(g), Penal Code, a dismissal and discharge under this section may not be deemed a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of an offense.
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.
 

Vicente

New Member
Nov 9, 2008
19
6
SW Houston
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.
 

mac79912

Well-Known
BANNED!!!
Mar 4, 2008
1,666
36
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.
 

JKTex

Well-Known
Mar 11, 2008
2,018
38
DFW, North Texas
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.
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
 

rodbender

Active Member
Jul 25, 2008
343
16
Elgin, Texas
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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