Class A misdemeanor......

[The Annoyed Man]

So I have a friend whom I sponsor in a 12 step recovery program, and he got final disposition in court on a DUI yesterday. He was found guilty and convicted to 2 days in jail, $900 in fines and court costs, and 2 years of probation. He has actually been sober for a while now, but it took forever for this case to wend its way through the system. He maintains his innocence, but he also suffers from hypoglycemia and says that he was having a hypoglycemic episode at the time he was stopped. He said that he did not blow a measurable value, but he did fail the FST when his balance was tested. This was his second conviction, and he admits the first was well-earned, but says that he thinks this conviction is based as much on his prior conviction as anything else, since the only evidence against him was his failing the balance part of his FST. Whatever. He's an alcoholic, working diligently on his recovery, but this incident could have just as easily been a relapse, and maybe he's blowing smoke up my butt. I can't say one way or the other, and frankly, I don't care about the past. I only care about what's ahead for him.

When I asked him whether it was a felony or misdemeanor conviction, and if it was a misdemeanor whether it was Class A, B, or C, he said it is a Class A misdemeanor. Other than being ineligible for a CHL/LTC for the next 5 years, is there any legal reason why he cannot be around my guns?

I ask because I have taken him to the range with me in the past, and we use the time coming and going to talk about what's going on in his life, and the actual shooting is a welcome distraction from things......for both of us.

.....and no, I'm NOT dumb enough to take him to the range or let him handle my guns if he's been drinking, and my nose does work. But he's been clean and sober for over a year now.

[Pawpaw]

I believe the answer to your question should be in the terms of his probation, which he should have.

[Glockster]

Definitely all outside of my wheelhouse. I'm apparently clueless but are you required to submit to a FST? I had thought you couldn't refuse the BT, but didn't know they can compel you to do a FST.

[TexasJohnBoy]

I believe you can refuse it all, just get ready for a ride and a blood draw after they get a warrant.

[ScottDLS]

There's no federal or state prohibition on him buying/owning/possessing firearms. He carry in car under MPA (as long as he isn't DWI). No reason for him not to exercise his rights. Assuming he's already served terms of his conviction.

[The Annoyed Man]

Definitely all outside of my wheelhouse. I'm apparently clueless but are you required to submit to a FST? I had thought you couldn't refuse the BT, but didn't know they can compel you to do a FST.

Not sure about what you're allowed to refuse/not refuse, but my friend did tell me that he cooperated 100% during the stop because he hadn't been drinking, and he didn't think he had anything to worry about. He said it was late, and he wasn't feeling very sharp because of low blood sugar. He was on his way home to get something to eat.

That's his story, and absent any knowledge to the contrary, I'm accepting it at face value.

(If I sound noncommittal, it's because this is a recovery process, and I've seen it all. I want to believe that he is innocent of the charge at the time, but....... However, I am confident that he has been sober ever since.)

[bubba84]

The intoxilyzer 5000, is the instrument the state uses for DWI breath samples. If your friend blew and was in a state of ketosis, the instrument would have given an error message as it can pick up on the ketosis because its so similar to what it uses to measure BAC. The test record wouldnt have a BAC value on it, it would just have the error message and a 2nd test would not be possible. It was our policy to transport anyone that was able to get that message to pop up straight to the hospital.

I dont know your friend or the circumstances, but Ive ran hundreds of breath tests and the instrument is so heavily regulated and calibrated, it VERY rarely hiccups.

[RPBrown]

TAM, in answer to your question, and IANAL, I believe the law states convicted felons cannot own or posses a firearm. If he was convicted of a class A misdemeanor, he should still be able to purchase, own, handle and in your case, be around guns. But again, IANAL.

[RoyGBiv]

[18 U.S.C. 922(g) and (n), 27 CFR 478.32]

https://www.atf.gov/firearms/qa/are-the ... ammunition

Are there persons who cannot legally receive or possess firearms and/or ammunition?

Yes, a person who —

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance;

(4) Has been adjudicated as a mental defective or has been committed to a mental institution;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

(6) Has been discharged from the Armed Forces under dishonorable conditions;

(7) Having been a citizen of the United States, has renounced his or her citizenship;

(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner issued after a hearing

at which notice was given to the person and at which the person had an opportunity to participate, and includes a finding that the person subject to the order represents a credible threat to the intimate partner or child or the intimate partner OR explicitly prohibits the use, attempted use, or threatened use of force against the partner; or

(9) Has been convicted of a misdemeanor crime of domestic violence cannot lawfully receive, possess, ship, or transport a firearm or ammunition,is prohibited from shipping, transporting, possessing, or receiving firearms and ammunition.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully ship, transport, or receive a firearm or ammunition. Such persons may continue to lawfully possess firearms and ammunition obtained prior to the indictment or information, but cannot do so once the conviction becomes final.

[18 U.S.C. 922(g) and (n); 27 CFR 478.32]

So..... Was the conviction punishable by imprisonment for a term greater than 1 year?
Not the actual punishment (probation), but the range of sentence possible..... If the judge could have sentenced him to >1 year, I believe he is ineligible to possess, even though the actual sentence was less than 1 year in prison.

IANAL. This is not legal advice, just my opinion.

[MONGOOSE]

I didn't think that offense could be punished with more than a year less one day.

[Abraham]

Here's my meager 2 cents worth: Folks with inner ear problems often cannot pass FST as their balance is out of whack.

[MONGOOSE]

I failed a FST due to a medical condition that effects my balance . However, I had no problem with the "eye" test or a breathalyzer which I volunteered for.

[Charles L. Cotton]

I believe the answer to your question should be in the terms of his probation, which he should have.

This is the answer. There's no state or federal law that applies, but very often terms of probation prohibit possession of firearms. However, this may be the case in violent offenses and not DWI.

Chas.

[The Annoyed Man]

I believe the answer to your question should be in the terms of his probation, which he should have.

This is the answer. There's no state or federal law that applies, but very often terms of probation prohibit possession of firearms. However, this may be the case in violent offenses and not DWI.

Chas.

Thanks everybody for the answers. It's very helpful. So I guess I'll have to ask to see the terms of his probation before we can consider another range trip together.

[cb1000rider]

I believe you can refuse it all, just get ready for a ride and a blood draw after they get a warrant.

There are various occupations where refusing to blow can have automatic consequences. As stated above, in many parts of Texas, they're going to get the evidence anyway...

He blew zero, failed a single part of field sobriety, and they convicted him? That reeks of poor representation (or maybe limited budget). Water under the bridge, I suppose, but now he's in a really bad spot if he ever offends again.