NICS denial / deferred adjudication question

[PARTSGUY]

This is my first post here. I just found this forum while looking for some answers about handgun ownership and chl. It seems like there are some really knowledgeable people here, so hopefully someone can help me with some answers. I have been a hunter all my life, but with all the violent home invasions recently, I decided it was time to purchase a handgun. I went to our local gun shop and picked one out, filled out the paperwork and was told I had to wait for an nics review. I was denied.

Back in 1989, I was arrested for a felony theft. I was young and dumb and learned a lot from that incident. I hired a lawyer and eventually received deferred adjudication. I served the probation, paid everything back, and that was that. My lawyer told me at that time that it wouldn't show up as a conviction on my record, and that I should not answer yes if asked about a felony conviction. Because of that, I did not state that I had been convicted of a felony on th nics form. Now keep in mind, I am just trying to buy a handgun, not get a chl. Can anyone tell me if I am actually prohibited from purchasing a handgun from a licensee or from an individual. Any help on the appeal for the NICS check would also be appreciated.

[Beiruty]

After being denied, I would say better follow up with Federal NICS and find out why and how to correct it.

[baldeagle]

According to Charles Cotton, who is the founder of this forum and a respected lawyer and gun advocate, "Succesfully completed deferred adjudication is not a "conviction" for NICS purposes. You should be fine for both NICS checks and for your CHL."

It may be that your application was denied because you "lied" by not revealing the deferred adjudication. I would consult a lawyer who knows what he is doing with regard to NICS.

[Beiruty]

I know for sure, you need to list an arrest, outcome of charges for CHL. However to purchase handgun, do you declare any arrest? I guess not.

[mrvmax]

Have you done this yet?
http://www.fbi.gov/about-us/cjis/nics/a ... ochure_eng" onclick="window.open(this.href);return false;
I can also e-mail a pamphlet detailing the process if they did not give you one.

[PARTSGUY]

Have you done this yet?
http://www.fbi.gov/about-us/cjis/nics/a ... ochure_eng" onclick="window.open(this.href);return false;
I can also e-mail a pamphlet detailing the process if they did not give you one.

That is where I am right now. I got the court documents today, but cant get fingerprints for a couple of days (a hazzard of living in the middle of nowhere). I was just hoping I wasnt wasting my time. You guys have given me a little hope. Thanks!

[rm9792]

It may be that your application was denied because you "lied" by not revealing the deferred adjudication. I would consult a lawyer who knows what he is doing with regard to NICS.

I never did say yes to the conviction before I had a CHL. I had deferred adjudication and was buying pistols the whole time. I got some denials but usually was called back within an hour. I chalked it up to a common name. Most purchases went right thru.

[chartreuse]

It may be that your application was denied because you "lied" by not revealing the deferred adjudication. I would consult a lawyer who knows what he is doing with regard to NICS.

I never did say yes to the conviction before I had a CHL. I had deferred adjudication and was buying pistols the whole time. I got some denials but usually was called back within an hour. I chalked it up to a common name. Most purchases went right thru.

I may be wrong, but the above makes it seem that when you say "denied" you actually mean "delayed". The two are very different and it would help us to comment more helpfully if we were clearer on which you mean.

[baldeagle]

It may be that your application was denied because you "lied" by not revealing the deferred adjudication. I would consult a lawyer who knows what he is doing with regard to NICS.

I never did say yes to the conviction before I had a CHL. I had deferred adjudication and was buying pistols the whole time. I got some denials but usually was called back within an hour. I chalked it up to a common name. Most purchases went right thru.

I may be wrong, but the above makes it seem that when you say "denied" you actually mean "delayed". The two are very different and it would help us to comment more helpfully if we were clearer on which you mean.

He's not the original poster. I think he was commenting on his experience with NICS.

[chartreuse]

It may be that your application was denied because you "lied" by not revealing the deferred adjudication. I would consult a lawyer who knows what he is doing with regard to NICS.

I never did say yes to the conviction before I had a CHL. I had deferred adjudication and was buying pistols the whole time. I got some denials but usually was called back within an hour. I chalked it up to a common name. Most purchases went right thru.

I may be wrong, but the above makes it seem that when you say "denied" you actually mean "delayed". The two are very different and it would help us to comment more helpfully if we were clearer on which you mean.

He's not the original poster. I think he was commenting on his experience with NICS.

Oops! My mistake, sorry about that.

[safety1]

You can also apply for the VAF, Voluntary Appeal File . That way once you are cleared, if that’s the case you will be able to use your VAF # to avoid any delays or denials in the future.

[Kythas]

Deferred adjudication may not be a conviction for NICS purposes, but isn't it considered a conviction for purposes of a CHL?

[wally775]

Kythas Said

Deferred adjudication may not be a conviction for NICS purposes, but isn't it considered a conviction for purposes of a CHL?

Yes.

[blackdog8200]

Deferred adjudication may not be a conviction for NICS purposes, but isn't it considered a conviction for purposes of a CHL?

Deferred Adjudication is a conviction for the pourpose of CHL and many other issues. Deferred adjudication also does not mean "record cleared."

Once the Deferred Adjudication time has been satisfied, you may apply to have the conviction record EXPUNGED which will cover you for most background checks but not one that will involve the DPS or even a Federal check IE applying to be a cop etc. From what I understand the arrest will always show but the conviction goes away for employer checks and such. IANAL!


So on an job application that asks have you been arrested for a Felony....yes....have you been convicted.....No. But get your lawyer to get the record expunged.

On the CHL, you need to attach all the paperwork, final resolution etc.....

IANAL...but I have had a guy I know get in trouble in college....cleared the defered adj. and 10 years later when he applied for his Texas Medical License, got in to a world of hurt because the board said he LIED on the application. They did allow him an appeal and granted the lic. after the record was expunged and had him appear before the board in person to explain himself.....but he was really worried that all that medical school was a waste!


Good luck.

[infoman]

I know for sure that you would be denied for CHL, as far as just buying a gun- not sure, but possible.