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I am 26 years old and used to own a few handguns along with a couple of rifles. I had been out with some friends one night and ended up getting in trouble with one of my handguns. I was put on probation for agg. assault and my case was considered a non conviction. This was over three years ago and now I am in need of a handgun again because of the area that my company has relocated and the hours that I have to be there. Have I ruined my chances of ever owning a handgun again? Or is there something I could do, legally, to be able to posses a firearm? Someone help please!!
I am 26 years old and used to own a few handguns along with a couple of rifles. I had been out with some friends one night and ended up getting in trouble with one of my handguns. I was put on probation for agg. assault and my case was considered a non conviction. This was over three years ago and now I am in need of a handgun again because of the area that my company has relocated and the hours that I have to be there. Have I ruined my chances of ever owning a handgun again? Or is there something I could do, legally, to be able to posses a firearm? Someone help please!!
No, I don't think you have; though I'm not sure your conviction (if that's what it is) is old enough to buy a gun or get a CHL. I think a conviction (even a misdemeanor) has to be older than 5 years.
I'm betting a lot of people will have better answers after the Thanksgiving holiday.
If your criminal History (just a term used) shows this incident as a Felony Conviction, you would need to get a pardon for the offense in order to possess any firearm.
You did indicate that you got probation but no conviction so I would assume that means no Felony on your record and once your probation is done you may be able to have firearms again.
The other twist to this is; is your case a domestic violence case; as that changes all the rules again. You will most likely need to have your question answered by the judge or prosecutor that handled the case to get a 100% correct answer.
I am 26 years old and used to own a few handguns along with a couple of rifles. I had been out with some friends one night and ended up getting in trouble with one of my handguns. I was put on probation for agg. assault and my case was considered a non conviction. This was over three years ago and now I am in need of a handgun again because of the area that my company has relocated and the hours that I have to be there. Have I ruined my chances of ever owning a handgun again? Or is there something I could do, legally, to be able to posses a firearm? Someone help please!!
Your best bet is to probably take the time and pay the fee for consulting an attorney on this matter so as to get proper legal advise. Or, as Stone said, talk to the DA's office or the judge who handled the case.
Now, my own interested layman opinion is that you would probably have difficulty actually getting a concealed carry license (CCL) unless, as someone said, you get a pardon. The reason is, when you say your case was considered a "non-conviction" I am assuming you were placed on what is known as "deferred adjudication" which means that after you sucessfully complete your probation, then the guilty plea is withdrawn and the conviction set aside.
The PROBLEM though is that the Texas Concealed Handgun law states that a deferred ajudication will be regarded as an actual conviction for the purpose of obtaining a CCL. A recent provision, however, was inserted which makes an exeption IF the deferred ajudication is over ten years old and the crime was not classifed as a violent one...which of course agg. assault would be so regarded.
That leaves the possibility of a pardon and there is not much encouraging in this realm either. The way I understand it (from a friend of mine in a similar circumstance as yours) is that one cannot get a pardon for a deferred ajudication because one can't be pardoned for something they were not convicted of! Talk about a "Catch-22"! On one hand, the CCL law says a deferred adjudication (under certain conditions noted above) COUNTS as a conviction, but the pardons and parole board do NOT count it as a conviction and can't issue a pardon!
Of course, you didn't say in your post that you were seeking a CCL, so you may only be talking about simply owning/possessing a handgun, not necessarily being able to legally carry one on your person. In THIS case you are probably ok, since the law does NOT count deferred adjudication as a conviction for the purposes of merely buying and/or owning one. So if THIS be the case, then you are very likely in good standing.
I hope this might help a bit, but again, I would urge you to talk to an attorney (or DA or judge) who specializes in this area for proper advise/guidance. Good luck and let us know how it turns out!
First of all, I just wanted to thank all of you for taking time from your holidays to reply to my post. Yes, I was on deferred adjudication and I did complete this successfully. When you say "domestic violence" does that only refer to fighting or arguing inside your house? In my case there was an altercation at a friends house with me and another guy. (Resulting in my agg. assault with a deadly weapon charge).My main concern was just being able to purchase a handgun and own it without getting in any more trouble. Once again thanks guys! Sincerely. Ferdi
If your criminal History (just a term used) shows this incident as a Felony Conviction, you would need to get a pardon for the offense in order to possess any firearm.
Weird; that's not what I've read. The FAQs I've read for the TX CHL say that a felony conviction has to be 5 years old; didn't say anything about a pardon.
First of all, I just wanted to thank all of you for taking time from your holidays to reply to my post. Yes, I was on deferred adjudication and I did complete this successfully. When you say "domestic violence" does that only refer to fighting or arguing inside your house? In my case there was an altercation at a friends house with me and another guy. (Resulting in my agg. assault with a deadly weapon charge).My main concern was just being able to purchase a handgun and own it without getting in any more trouble. Once again thanks guys! Sincerely. Ferdi
No, your incident would not (I surely wouldn't think) fall under "domestic violence." And again, since you are only wanting to purchase and possess a handgun, your deferred adjudication will not count against you as a conviction for that purpose.
ONE thing though, be SURE before you go buy one, to get a copy of your criminal history (this can be done at the local sheriff's office for a fee) to make SURE that your incident is not indicated as a conviction. The reason I say that is because of something that happened with that friend I referred to earlier who had been on deferred adjudication. Just to have it for his records, he got a copy of his criminal history and it was listed as a conviction. He called the Texas DPS office in Austin to find out why and they told him that for some reason, the records they had turned into them listed it as "regular probation" and NOT deferred adjudication. They told him to get a copy of the deferred adjudication order and the subseqent dismissal papers (which show the guilty plea withdrawn and conviction set aside) and send it to them, and they would make the correction. Which he did, and the correction made.
Anyway, point is, that had he NOT just happened to have discovered the error beforehand, and later went in to purchase a pistol, they would have done the instant background check and the records would have shown him as a convicted felon, and he be subject to arrest on the spot! So again, you might want to double-check your own records just to be on the safe side. In fact, I said earlier it could be done thru the local sheriffs office, but I think the Texas DPS website has a link where you can pay by credit card and get it that way as well. Good luck!
sounds like you got some really good responses. one thing i did not see and forgive me i have not lived in texas for awhile, if you are planning on purchasing another hand gun and not getting a permit and planning to carry it, and maybe attend another (party?) social gathering with it.----
lightening can strike twice in the same place they will look at prior record and it will become part of the evaluation process in a court of law if this happens again.
sounds like you got some really good responses. one thing i did not see and forgive me i have not lived in texas for awhile, if you are planning on purchasing another hand gun and not getting a permit and planning to carry it, and maybe attend another (party?) social gathering with it.----
lightening can strike twice in the same place they will look at prior record and it will become part of the evaluation process in a court of law if this happens again.
This is a very good point. Although Texas law is fairly lenient (compared to many states) in where one can "carry" a handgun, it IS important to remember that while deferred adjudication doesn't count as a conviction in most circumstances, it CAN be brought up during the "punishment phase" if one is convicted of a subsequent crime. That is to say, the prosecutor can mention that the fact that the guy was once on probation for a prior crime.
So far as Texas law on "carrying" goes, it has been my experience there is a lot of misinformation out there. In fact, even many attorneys and law enforcement people are not always in agreement, especially when it comes to that "travelling" provision.
Naturally, having a CCL is the best way to go so far as being pretty safe to have one on your person or in your car (although noting that prohibitions exist even there...such as in bars). But if one DOESN'T have a carry license is where it can get a little confusing.
The law is pretty clear on that a person has a right to carry on their own premises or premises under their control (such as your workplace, if the boss allows it). Also, if one is engaged in a "lawful sporting activity" (such as hunting, target shooting, etc) IF the handgun is commonly used in such a sport. The REAL kicker over all these years has been the "travelling" provision. For a long time, prosecution for carrying a deadly weapon "did not apply" to someone who was "travelling." Problem was, "travelling" was never defined in the penal code, and case law was very unclear on the matter.
A popular opinion/general rule of thumb emerged (but this was a lot of "urban legend" as well) that to be "travelling", one had to cross a couple of county lines and/or it be an overnight trip. But this was never official, and what it REALLY came down to was the judgement of the law enforcement officer as to whether or not you were subject to arrest and, later, the DA's office if subject to prosecution and, still later, if it went that far, a jury to decide if you were actually "travelling." Needless to say, there was a LOT of room for abuse and problems. Especially if the officer who stopped you may have woke up on the wrong side of the bed and, even if you had a backseat full of suitcases, and your drivers license indicated a Lubbock residence and you were stopped in Austin, he just decided he wanted to haul you in anyway!
LAST year though, this changed somewhat. The penal code now "presumes" that a person IS "travelling" if they are in a motor vehicle away from home, they may otherwise lawfully possess a handgun, they are not engaged in criminal activity beyond a Class C misdemenor (i.e. traffic ticket offence), are not a member of a known street gang and, the handgun is not in "plain view." This IS a lot better..and the intent seems to be fairly clear. BUT...it still leaves a lot of discretion up to that proverbial officer who just may not like your looks or just decides to be ornry! (to be fair and go by experience though, I truly believe most Texas law enforcement personel, especially if they are natives, have no problem with
Personally, I think a lot of trouble could be saved by the Texas Legislature by just deleting the "travelling" exception altogether and saying something like the prohibition on carrying a handgun does not apply to someone who meets all the qualifications listed above (as concerns being in your motor vehicle).
You guys are great! Thanks for all your responses and the great information. I think I will contact my local sheriff's office or even the TXDPS before I go any further in my purchase of a handgun. Again...Thanks!
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