Texas CHL and a felon in the house...ideas?

[RetArmySgt]

Deferred Adjudication is only considered to not be a conviction once completed. so until that time it is treated as a conviction.

 

[vipermike1]

This this what confuses me. A person that completed "deferred adjudication" is Not a convicted felon. Deferred adjudication is a special type of probation available to defendants who plead guilty or no contest. If you complete the time period without getting in trouble, the charges are dismissed and you will not have a conviction on your record.

However Texas CHL treats "deferred adjudication" as a conviction under their rules. I believe I read there is a 10 year waiting period for someone that completed a felony deferred adjudication to be able to apply for a CHL.

Question:
1. Can a person that completed a non violent felony "deferred adjudication" have possession (not a CHL) of a firearm in their home?
2. In their car

3. The two questions above may answer this one:
A CHL owner is driving his car with a friend that completed a felony "deferred adjudication" the CHL owner has his gun(s) in the glove box and under the passengers seat. All the guns are the CHL owner. Is there a problem here for the CHL owner or for his friend?

 

[BlackGuns13]

It is also my understanding that as told to me by my chl instructor that as long as you have your firearm on your person and in total control of that weapon at all times you are okay.... He said you should not by any means just leave it in the car if you are entering a 30.06 or a 51% establishment. Then ofcourse it would nolonger be in your possesion and possibly in the felon's possesion. My brother is a felon so I have had to ask this question more than once and have gotten the same answer. I hope it is the right one because I would hate for something to happen but at the same time I would hate for something to happen and I not have my weapon.

 

[vipermike1]

It is also my understanding that as told to me by my chl instructor that as long as you have your firearm on your person and in total control of that weapon at all times you are okay.... He said you should not by any means just leave it in the car if you are entering a 30.06 or a 51% establishment. Then ofcourse it would nolonger be in your possesion and possibly in the felon's possesion. My brother is a felon so I have had to ask this question more than once and have gotten the same answer. I hope it is the right one because I would hate for something to happen but at the same time I would hate for something to happen and I not have my weapon.

Thanks for the answer. However I am taking about a person that has Complete"deferred adjudication" A person that completed felony "deferred adjudication" is Not a convicted felon in Texas. Someone correct me if I am wrong. I was told that it is Not illegal for A person that completed "deferred adjudication" to purchase a firearm and have it in their home or carry it in "their car". It is illegal for a convicted to have possesion of a firearm.

Does anyone have any input on this?? That is why I am confused about the above statement.

**With that said: I know that Texas CHL treats "deferred adjudication" as a conviction under their rules.

 

[Jason]

wrong forum... sorry

 

[LindaD]

I recently applied for my LTC, then yesterday my son was convicted of a felon (DWI). He lives with me. Does this mean I can not own a gun now? Two people have told me that to have a gun in my own, even though it is owned by me and kept with me...would cause him to be in violation of probation.

 

[TheDan]

Get a safe, keep the guns in the safe when you're not around, and don't give the combo to the felon. If for some weird reason the cops are in your house while you're away and they ask what is in the safe, the felon can truthfully say they don't have access to it. That's the best I can think of to remove any doubt that they are in possession. Also I'd inform the felon when I had a gun laying around so that they would know to avoid it. Put the onus on them to make sure they are not "in possession" of it.

 

[vmax]

G Gordon Libby was a convicted felon

He wasn't allowed to own guns

His wife had a nice collection though

 

[txinvestigator]

five and a half years.... New record?

 

[txinvestigator]

Actually the law does not regulate "ownership". It regulate the sale, transfer, possession, etc.

 

[Bozz10mm]

Damn. Why can't I remember to look at the date of the OP.

 

[ZX9RCAM]

five and a half years.... New record?

Well, one must commend her on doing her "due diligence" using the search feature & not just starting a new thread, lol.

 

[straightwall]

Well, one must commend her on doing her "due diligence" using the search feature & not just starting a new thread, lol.

Yes. She has a valid concern and looked it up first. Kudos to her.

 

[Dawico]

Well, one must commend her on doing her "due diligence" using the search feature & not just starting a new thread, lol.

Yup.

I am surprised the search function worked too. It can be finicky.

Unless she found the thread manually.

Either way she should be commended.

 

[txinvestigator]

I think the idea of using the search function is to find your answer, not resurrect a dead thread. If she is going to ask a question anyway, it means the dead thread didn't answer the question.

Probably better to start a new thread.

But I agree, glad she searched.

 

[no2gates]

five and a half years.... New record?

Yup, the greatest necromancer on TGT that I've seen yet.

 

[itchin]

DUI is a felony? Good reason to download uber.

 

[majormadmax]

Well, one must commend her on doing her "due diligence" using the search feature & not just starting a new thread, lol.

Agreed! Had she not, people would be bitching about using the search function. Nothing wrong with reviving an old thread on the same topic, it's a lot better than numerous threads on one subject...

 

[Charlie]

This thread is kinda' like trying to get to the North Pole by heading South! TI and MMM are correct. But some folks don't like the answers! How many times does someone have to be told ".....Possession means care, custody and control." (Quoted from TI in post #2). Seems like the OP doesn't like the answers to the questions, so new questions are asked. And by the way, just because an attorney says something does, in itself, NOT make it law!