Gun ownership and Deferred Adjudication

[shooternerd]

Hi everyone! First time user here with a couple of questions.

Went to a show to purchase gun this past Sunday, got a "delay" on the NICS, no surprise because I was arrested for felony "credit card abuse" in Texas in 1989 when I was 17, got "deferred adjudication" and status many years later is "disposed". This sucks because amount was under $200 but I guess the forgery part trumped it up to felony. I paid a crapload of fines, restitution, 300 hours community service, 3 years probation, did EVERYTHING I was supposed to and have been clean as a whistle ever since. Did not hurt anyone or put anyone in any danger whatsoever. Yes it was wrong, I learned my lesson, moved on with life.

I'll know more within the next 3 business days, but had a couple questions:
1. Is this likely a dead end with the NICS check, because feds consider it a "conviction" and, not sure, maybe was punishable by 1 year or more jail? Anyone in this same situation?
2. If it IS a dead end, does that mean I cannot legally own or "private purchase" a gun of any kind under federal law?
3. If I'm ineligible to purchase because of NICS, does that mean I can't get a TX CHL either?

[Keith B]

Welcome to the forum.

Deferred adjudication is considered a conviction in Texas for CHL. However, only certain felonies restrict you from getting your CHL after a 10 year period. Those are listed below:

GC § 411.1711. 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:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07 or 25.072, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable under
Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains elements
that are substantially similar to the elements of an offense listed in Subdivision
(1).

I do not believe that a credit card abuse or forgery charge falls under one of those sections, so would think you should be able to get your CHL.

I would suggest you see how your NICS check comes back. If it is cleared, then you can move on to the next step to see about qualifying for a CHL. If it does not come back clear and is denied, then I would suggest you seek legal advice on being legally allowed to posses a firearm before trying to buy private party as the possession alone may be illegal.

With what you have said about your charge and conviction, I would think you may be good to go, but best to wait and see on the NICS check.

Good luck!

[victory]

Hi everyone! First time user here with a couple of questions.

Went to a show to purchase gun this past Sunday, got a "delay" on the NICS, no surprise because I was arrested for felony "credit card abuse" in Texas in 1989 when I was 17, got "deferred adjudication" and status many years later is "disposed". This sucks because amount was under $200 but I guess the forgery part trumped it up to felony. I paid a crapload of fines, restitution, 300 hours community service, 3 years probation, did EVERYTHING I was supposed to and have been clean as a whistle ever since. Did not hurt anyone or put anyone in any danger whatsoever. Yes it was wrong, I learned my lesson, moved on with life.

I'll know more within the next 3 business days, but had a couple questions:
1. Is this likely a dead end with the NICS check, because feds consider it a "conviction" and, not sure, maybe was punishable by 1 year or more jail? Anyone in this same situation?
2. If it IS a dead end, does that mean I cannot legally own or "private purchase" a gun of any kind under federal law?
3. If I'm ineligible to purchase because of NICS, does that mean I can't get a TX CHL either?

IANYL but deferred adjudication shouldn't be a disqualifier for NICS. Good luck.

[shooternerd]

Well great news, NICS check came back OK.

I know this is not a definitive answer that I am federally legal, but by my reading of section 191 of the U.S. code, I am.

Next step is CHL I suppose. Still thinking about that one. Probably a topic for another forum section - to CHL or not CHL...

[Keith B]

Well great news, NICS check came back OK.

I know this is not a definitive answer that I am federally legal, but by my reading of section 191 of the U.S. code, I am.

Next step is CHL I suppose. Still thinking about that one. Probably a topic for another forum section - to CHL or not CHL...

Congratulations, you are halfway there now! Feel free to open another topic if you like to discuss and get input from others; there is no shortage of that on this forum!!

[Jumping Frog]

Well great news, NICS check came back OK.

I know this is not a definitive answer that I am federally legal, but by my reading of section 191 of the U.S. code, I am.

Next step is CHL I suppose. Still thinking about that one. Probably a topic for another forum section - to CHL or not CHL...

This is a very unreliable indicator. Many people can pass the NICS check, purchase the firearm, and now possess it illegally.

There are many, many incomplete records that never make it to NICS (especially old ones, and most especially misdemeanors).

So someone can take the approach, "Let me see if I pass a NICS check", and then they are convinced they are out of the danger zone.

Problem is, a person is accountable for knowing whether or not they have a firearms disability. It doesn't matter what NICS says, if they cannot possess firearms and choose to do so anyway, it is still a crime. So even though a person can get a clear NICS response, that person is still a felon in possession. The federal government is clear that it is an individual's responsibility to know their own criminal history and whether they can legally possess firearms, not the NICS system's responsibility.

This is not a comment on your particular history, this is a general statement that passing the NICS check serves as any sort of hurdle or milestone, because it is meaningless.

[shooternerd]

Good point. I am 100% certain I am legal to own a gun by texas law / standards. If I'm not by federal standards, what's the risk? ATF "coming after me" for simply being on record as owning a single handgun for self defense? Do they really not have enough on their plate?