Can I Buy a Gun After Deferred Adjudication in Texas?
In Texas, a person who is placed on deferred adjudication for a felony offense may wonder if they are eligible to purchase a gun in the future. The answer to this question is complex and depends on various factors.
Understanding Deferred Adjudication in Texas
In Texas, deferred adjudication is a type of sentencing option where a person pleads guilty to a felony charge, but the judge withholds rendering a final judgment and sentences the person to a term of community supervision. This means that the person is not convicted of the crime, but they are required to comply with certain conditions, such as completing a certain number of community service hours or attending counseling sessions.
Felony Gun Laws in Texas
Under Texas law, it is illegal for a person who has been convicted of a felony to possess a firearm. This includes individuals who have been convicted of a felony by a judge, as well as those who have been convicted of a felony through a plea agreement.
However, there is an exception for individuals who have been placed on deferred adjudication for a felony offense. Under Texas law, an individual who has been placed on deferred adjudication for a felony offense is not considered to have been convicted of the crime until the deferred adjudication is revoked or until the person is sentenced.
Can I Buy a Gun After Deferred Adjudication in Texas?
So, can you buy a gun after deferred adjudication in Texas? The answer is generally no. Under federal law, a person who has been placed on deferred adjudication for a felony offense is prohibited from possessing a firearm until the deferred adjudication is revoked or until the person is sentenced.
FBI Background Check
To purchase a firearm in Texas, you are required to undergo a background check through the Federal Bureau of Investigation (FBI). As part of this process, the FBI checks your criminal history to ensure that you are not prohibited from owning a firearm.
If your deferred adjudication is not yet complete, the FBI will likely identify the pending deferred adjudication on your criminal record, which would prevent you from purchasing a firearm.
Revoking Deferred Adjudication
If you are placed on deferred adjudication for a felony offense and you successfully complete the terms of your community supervision, the judge may revoke the deferred adjudication and dismiss the charge. If this happens, you would be eligible to purchase a firearm in Texas.
Other Options for Obtaining a Firearm
If you are not eligible to purchase a firearm due to a pending deferred adjudication, there may be other options available. For example:
- You may be able to petition the court to have your deferred adjudication revoked earlier than scheduled, which would allow you to purchase a firearm.
- You may be able to obtain a firearm from a private seller, although this is often illegal and carries significant legal risks.
- You may be able to purchase a firearm from a licensed firearms dealer in a different state, although this would require you to comply with federal and state laws regarding firearm ownership.
Conclusion
In conclusion, if you have been placed on deferred adjudication for a felony offense in Texas, it is generally not possible to purchase a firearm until the deferred adjudication is revoked or until you are sentenced. However, there may be other options available depending on your specific circumstances.
Table: Summary of Gun Laws in Texas
| Category | Description |
|---|---|
| Deferred Adjudication | A type of sentencing option where a person pleads guilty to a felony charge, but the judge withholds rendering a final judgment and sentences the person to a term of community supervision. |
| Felony Gun Laws | Under Texas law, it is illegal for a person who has been convicted of a felony to possess a firearm. |
| FBI Background Check | Required for all firearm purchases in Texas. |
| Revoking Deferred Adjudication | If you successfully complete the terms of your community supervision, the judge may revoke the deferred adjudication and dismiss the charge, making you eligible to purchase a firearm. |
| Other Options | You may be able to petition the court to have your deferred adjudication revoked earlier than scheduled, obtain a firearm from a private seller, or purchase a firearm from a licensed dealer in a different state. |
Frequently Asked Questions
- Q: How long does it take for a deferred adjudication to be completed?
A: The length of a deferred adjudication can vary depending on the specific circumstances of the case. In general, a deferred adjudication can last anywhere from 12 to 48 months. - Q: Can I still purchase a firearm while my deferred adjudication is pending?
A: Generally, no. Under federal law, a person who has been placed on deferred adjudication for a felony offense is prohibited from possessing a firearm until the deferred adjudication is revoked or until the person is sentenced. - Q: How do I know if I am eligible to purchase a firearm?
A: To determine if you are eligible to purchase a firearm, you will need to undergo a background check through the FBI. The FBI will check your criminal history to ensure that you are not prohibited from owning a firearm.
