Could an old car accident cause me to be denied?

[Pneumatic]

In 1986 I was 17 and on my way home from church (not that it's relevant but there was no alcohol involved in Bible study that evening). A lady pulled out of a parking lot to cross the road I was on and was presumably going to turn left. For some reason she crossed three lanes and then stopped in my lane. Since there were no cars coming the other way I had no idea that she was going to stop until it was too late. I locked up the brakes and slid right into her drivers side door, ejecting her from the car where she died on the scene.

I was not arrested that night but I did have to go to court and was found guilty of "Involuntary Manslaughter". I was held at fault because it was determined that I was going too fast (I was doing approximately 60 in a 45 according to the analysis of the crash scene). The sentence was handed down and I received "Deferred Adjudication" once I completed 10 years of probation and paid restitution to the family.

Fast forward 30 years. I have been in no trouble with the law (before or after the accident) and I have applied for my LTC. Everything is under review but it's taking a while - which I expected - but it leaves me wondering.... Will the accident cause me to be ineligible? I am not sure if it's a FELONY but I suspect that it was and is that an automatic disqualifier?

EDIT - Moderator, if this would be better suited to the "General Discussion" forum please move it there.

[Mavs00]

IANAL, but if it was a felony (and most IM convictions are depending on the jurisdiction), then yes.... you would likely be automatic disqualified. Not sure that the deferred adjudication matters or not. You might want to seek the opinion of a legal professional.

As an aside..... That seems like a very harsh conviction for an accident in which an inexperienced driver was going 15 MPH over the limit with no other mitigating circumstances. For Involuntary Manslaughter, there really needs to be 3 elements

1) Someone was killed as a result of act by the defendant. (check)
2) The act either was inherently dangerous to others or done with reckless disregard for human life.
3) The defendant knew or should have known his or her conduct was a threat to the lives of others.

One is a no brainer but I would think that any lawyer worth their salt, would be able to create reasonable doubt for elements 2, or 3 given the scenario you presented. Unless there were other factors that haven't been shared (which is your prerogative to share or not). Seems overly harsh to me and IM is usually (in my experience) reserved for other circumstances (such as drag racing, showing off for other occupants, reckless driving, alcohol or drugs, etc).

[Pneumatic]

Our lawyer seemed to think it was overly harsh as well. I feel badly about it to this day but it really was just an accident. I WAS speeding and I have no excuse for that.

I hate that an accident 30 years ago may cause me to be denied but I guess it is what it is. As I said, I have never been in trouble with the law for any reason other than this incident. I am just wondering if the "type" of charge is taken into consideration given that it wasn't an issue that indicates I should be ineligible to responsibly carry a firearm.

I see stuff like this and it gives me hope:

"You can never have been convicted of violent crime felony, however you may have received deferred adjudication for some non-violent felony crimes (theft, auto theft, etc) and be eligible after 10 years from date of conviction. Burglary does fall into the violent crime category."

http://www.concealedhandgun.com/eligibility.html

But then I see where people say that a felony is an automatic disqualifier so I don't really know what to expect. I suppose time will tell.

I am not sure how the law works with regard to PURCHASING a weapon but I did pass that background check and have purchased guns. I tend to get delayed but it eventually goes through. If that's any indication, maybe I am ok?

[Soccerdad1995]

My ex-wife had an accident in the exact same manner except that she was in the vehicle that stopped in a traffic lane (her car stalled). Thankfully there were no major injuries. But importantly to this discussion, my ex was held at fault for that accident, which both she and I thought was reasonable. It never even occurred to either of us to blame the other driver (who likely was going at least a little bit over the speed limit).

[jb2012]

If I remember correctly, in the case that you are denied you may have a hearing with a judge/higher official, and present your case (traffic accident) and have it immediately approved.

[baseballguy2001]

IANAL - from my quick surfing the web, you probably pled guilty to a second degree felony. Under Federal Law, you are a convicted felon and unable to possess firearms. Unless you received a release "from all penalties & disabilities" at the time of your deferred adjudication, you are still considered a convicted felon. The first thing I would do is call a lawyer. By completing your CHL course you may be opening yourself up to a new prosecution. We all know one has to pass a shooting portion to show you know how to safely operate a firearm. But, as a convicted felon, you can't by law, possess a firearm.

[ScottDLS]

IANAL - from my quick surfing the web, you probably pled guilty to a second degree felony. Under Federal Law, you are a convicted felon and unable to possess firearms. Unless you received a release "from all penalties & disabilities" at the time of your deferred adjudication, you are still considered a convicted felon. The first thing I would do is call a lawyer. By completing your CHL course you may be opening yourself up to a new prosecution. We all know one has to pass a shooting portion to show you know how to safely operate a firearm. But, as a convicted felon, you can't by law, possess a firearm.

OP said he got Deferred Adjudication. A successfully completed Deferral is not a conviction for Federal GCA '68 purposes, so it's going to be up to Texas.

[Pneumatic]

IANAL - from my quick surfing the web, you probably pled guilty to a second degree felony. Under Federal Law, you are a convicted felon and unable to possess firearms. Unless you received a release "from all penalties & disabilities" at the time of your deferred adjudication, you are still considered a convicted felon. The first thing I would do is call a lawyer. By completing your CHL course you may be opening yourself up to a new prosecution. We all know one has to pass a shooting portion to show you know how to safely operate a firearm. But, as a convicted felon, you can't by law, possess a firearm.

I have gone through the FBI NICS background check to purchase multiple firearms so I don't think there's any problem with owning or possessing a gun.

I pulled the court documents and it does say "" MISDEMEANOR REDUCTION _ SENTENCE PROBATED _" which I take to mean the sentence was reduced to a misdemeanor but the charge is still "Involuntary Manslaughter". After I did the probation it says ""DISM TYP NFOG" ..... I looked it up and "NFOG" means "No Finding Of Guilt".

I am super confused as to my status. I DO know that it's on my record because I was detained a few years ago when we flew into Canada to go skiing. I had to explain the whole thing to a guy that looked like Dudley Dooright.

[ScottDLS]

IANAL - from my quick surfing the web, you probably pled guilty to a second degree felony. Under Federal Law, you are a convicted felon and unable to possess firearms. Unless you received a release "from all penalties & disabilities" at the time of your deferred adjudication, you are still considered a convicted felon. The first thing I would do is call a lawyer. By completing your CHL course you may be opening yourself up to a new prosecution. We all know one has to pass a shooting portion to show you know how to safely operate a firearm. But, as a convicted felon, you can't by law, possess a firearm.

I have gone through the FBI NICS background check to purchase multiple firearms so I don't think there's any problem with owning or possessing a gun.

I pulled the court documents and it does say "" MISDEMEANOR REDUCTION _ SENTENCE PROBATED _" which I take to mean the sentence was reduced to a misdemeanor but the charge is still "Involuntary Manslaughter". After I did the probation it says ""DISM TYP NFOG" ..... I looked it up and "NFOG" means "No Finding Of Guilt".

I am super confused as to my status. I DO know that it's on my record because I was detained a few years ago when we flew into Canada to go skiing. I had to explain the whole thing to a guy that looked like Dudley Dooright.

If you were only finally convicted/deferred on a misdemeanor and it's been over 5 years, you should be able to get an LTC. You can be charged with anything, the eligibility is concerned with what you were CONVICTED of...In this case Deferral is a conviction for LTC, but if it is over 5 years old and a misdemeanor, you are eligible. If you have the money, you should apply and just make sure to send the final disposition in with the application.

[baseballguy2001]

If you have the money, you should apply and just make sure to send the final disposition in with the application.

I agree with that. If it were me, I would gather up all the paperwork and get a legal pro to look it over to cover all the bases.