Will I be able to own a weapon?

[DMoney31]

I am considered a deadly weapon since I was in the US Army

[C-dub]

Does that make me a sailboat since I was in the Navy?

[DMoney31]

The judge made the statement I shook my head and laughed

[CoffeeNut]

Does that make me a sailboat since I was in the Navy?

You're a battleship

[CoffeeNut]

I am considered a deadly weapon since I was in the US Army

Isn't that what got Nicholas Cage in "Con Air"? In all seriousness welcome to the forum and hopefully someone can answer your question with certainty.

[DMoney31]

So I guess that makes me a dull sword. Thanks

[C-dub]

Does that make me a sailboat since I was in the Navy?

You're a battleship

Well, since I was an airdale I would prefer Aircraft Carrier, but I'd take Battleship in a pinch.

[suthdj]

I am considered a deadly weapon since I was in the US Army

What did you do in the Army that would make you a weapon, I know when I was in we got no hand to hand training and I was combat arms MOS.

[Charles L. Cotton]

If you have a successfully completed deferred adjudication, then is it not a conviction for federal purposes or for possessing firearms under federal or Texas law. It is a "conviction" for purposes of eligibility for a Texas CHL and since it was for a crime falling in Title 5 of the Penal Code, it is a permanent bar to getting a Texas CHL.

Chas.

[Beiruty]

If you have a successfully completed deferred adjudication, then is it not a conviction for federal purposes or for possessing firearms under federal or Texas law. It is a "conviction" for purposes of eligibility for a Texas CHL and since it was for a crime falling in Title 5 of the Penal Code, it is a permanent bar to getting a Texas CHL.

Chas.

Chas, if Feds do not consider a deferred adjudication as a conviction, then why Texas does so. A bill to correct that is very important as it affects so many who were in this position. More importantly, Feds would not be contradicted by this bill. Is there any plan to introduce such a bill?

[Keith B]

If you have a successfully completed deferred adjudication, then is it not a conviction for federal purposes or for possessing firearms under federal or Texas law. It is a "conviction" for purposes of eligibility for a Texas CHL and since it was for a crime falling in Title 5 of the Penal Code, it is a permanent bar to getting a Texas CHL.

Chas.

Chas, if Feds do not consider a deferred adjudication as a conviction, then why Texas does so. A bill to correct that is very importantas it affects so many who were in this position. More importantly, Feds would not be contradicted by this bill. Is there any plan to introduce such a bill?

I don't necessarily disagree that the rules banning a person with a deferred adjudication of a felony under Title 5 should be reviewed and take another look.

With that said, Title 5 penal code deals with crimes against the person, such as capital murder, sexual assault, trafficking, child abuse, assault against a family member, etc. These are serious violent crimes and show a propensity for violence by the person, at least at the time of the crime. So, if there was reason enough for the judge to give deferred adjudication instead of a conviction and just probation, then maybe there is reason enough to allow the person to not only own a firearm, but to also obtain their CHL.

[Charles L. Cotton]

If you have a successfully completed deferred adjudication, then is it not a conviction for federal purposes or for possessing firearms under federal or Texas law. It is a "conviction" for purposes of eligibility for a Texas CHL and since it was for a crime falling in Title 5 of the Penal Code, it is a permanent bar to getting a Texas CHL.

Chas.

Chas, if Feds do not consider a deferred adjudication as a conviction, then why Texas does so. A bill to correct that is very important as it affects so many who were in this position. More importantly, Feds would not be contradicted by this bill. Is there any plan to introduce such a bill?

Texas considers it a "conviction" solely for CHL eligibility and enhancement of penalties for repeat offenses of certain crimes. It was in SB60 (1995), the original CHL bill because we couldn't get it passed without it. That's a hard provision to repeal because of the emotional argument that we're trying to "help criminals carry guns." It's a bogus argument, but it makes a great sound bite for our opposition.

In my view, no successfully completed deferred adjudication should bar someone from getting a CHL. If the offense is considered to be so severe as to deny a person the ability to defend themselves and their family, then it's too serious for deferred adjudication to be available.

Chas.

[RonW956]

I think #3 disqualifies you as you were convicted. But then IANAL

That is what I would think, but I did a quick "test" and checked #3 (I have never been arrested just a "test") and when you submit the test it comes back with "Congratulations you have been cleared to purchase a firearm."

It will be interesting to see if one of our "attorney types" can answer this question with the law posted.

Yeah sorry guys, I think the page is boggus, those are the questions, but just for kicks I answered yes to all and still got the ok to buy a firearm...


I'll give the best answer I can. If you were convicted of a felony then NO, you will never be able to legally own or possess a firearm. A Deferred adjudication is basically a plea deal, in short, its a conviction.

[DMoney31]

SUTHDJ- my mos was 11C - mortarman. Our company commander trained us in hand to hand combat. I am a natural at it and it became a part of me I could pick someone apart with ease until after I was blown up in Iraq and I slowly loss feeling in my left arm and my back causes me a lot of pain. So my body is always in pain. I have 4 kids I have to protect now if someone breaks into my home or attacks me or my family I would only be able to watch kicking myself. I don't need the gun for my sake but my kids. Their mom my fiancee she is able to get her CCL so if we are out and about we will be fine.

[ByrdMan]

I think #3 disqualifies you as you were convicted. But then IANAL

That is what I would think, but I did a quick "test" and checked #3 (I have never been arrested just a "test") and when you submit the test it comes back with "Congratulations you have been cleared to purchase a firearm."

It will be interesting to see if one of our "attorney types" can answer this question with the law posted.

Yeah sorry guys, I think the page is boggus, those are the questions, but just for kicks I answered yes to all and still got the ok to buy a firearm...


I'll give the best answer I can. If you were convicted of a felony then NO, you will never be able to legally own or possess a firearm. A Deferred adjudication is basically a plea deal, in short, its a conviction.

Wrong. Deferred adjudication is considered a conviction for the purpose of obtaining a CHL. Federally he is fine to own a handgun, he just can't carry it on his person away from home or car.