Can You Buy a Gun After Completing Deferred Adjudication?
Deferred adjudication is a type of court disposition where a defendant pleads guilty or no contest to a criminal charge, but the case is put on hold pending completion of a specified period of probation or community supervision. If the defendant successfully completes the terms of their probation, the case is often dismissed, and the individual is not convicted of the underlying offense.
But what about the right to own a firearm? Can a person buy a gun after completing deferred adjudication? This article will explore the answers to this question and provide a comprehensive overview of the laws and regulations surrounding firearms and deferred adjudication.
Federal Law
The federal government has laws regulating the sale and ownership of firearms, including the Brady Handgun Violence Prevention Act and the National Instant Criminal Background Check System (NICS). Under federal law, a person who has been convicted of a felony or a misdemeanor crime of domestic violence is prohibited from possessing a firearm.
Deferred adjudication is not considered a conviction under federal law, as the individual is not formally convicted of the underlying offense. However, the NICS system checks for deferred adjudications in certain states, including Texas.
State Law
Texas law is more restrictive than federal law when it comes to deferred adjudications and firearms. In Texas, a person who has completed deferred adjudication for a felony or a misdemeanor crime of domestic violence is still prohibited from possessing a firearm.
Texas Penal Code
The Texas Penal Code states that a person who has been convicted of a felony or a misdemeanor crime of domestic violence is prohibited from possessing a firearm, even if the conviction is through deferred adjudication. Section 46.04(a) of the Texas Penal Code states:
"A person who has been convicted of a felony or a misdemeanor crime of domestic violence is not eligible to own or possess a firearm, regardless of whether the conviction was through a trial, plea, or deferred adjudication."
Texas Code of Criminal Procedure
The Texas Code of Criminal Procedure also addresses deferred adjudications and firearms. Section 42.12(b) of the Texas Code of Criminal Procedure states:
"If a defendant pleads guilty or no contest to a felony or a misdemeanor crime of domestic violence and is placed on deferred adjudication, the court shall order the defendant to surrender any firearms or weapons in the defendant’s possession."
Consequences for Violating the Law
If a person who has completed deferred adjudication for a felony or a misdemeanor crime of domestic violence attempts to purchase or possess a firearm, they can be charged with a crime. Section 46.04(b) of the Texas Penal Code states:
"A person who is prohibited from owning or possessing a firearm under this section commits an offense if the person owns or possesses a firearm."
The offense is a felony, punishable by up to 10 years in prison and a fine of up to $10,000.
Summary
In summary, the answer to the question "Can you buy a gun after completing deferred adjudication?" is no. Both federal and state law prohibit individuals who have completed deferred adjudication for a felony or a misdemeanor crime of domestic violence from possessing a firearm.
Key Takeaways
- Deferred adjudication is not considered a conviction under federal law, but it is considered a conviction under Texas law.
- A person who has completed deferred adjudication for a felony or a misdemeanor crime of domestic violence is prohibited from possessing a firearm under Texas law.
- Violating the law by attempting to purchase or possess a firearm can result in criminal charges and penalties.
Table: Firearms Prohibitions in Texas
| Offense | Deferred Adjudication | Prohibited from Possessing a Firearm |
|---|---|---|
| Felony | ||
| Misdemeanor Crime of Domestic Violence |
Conclusion
In conclusion, the laws surrounding deferred adjudications and firearms are complex and nuanced. While federal law does not consider deferred adjudication a conviction, Texas law does. Individuals who have completed deferred adjudication for a felony or a misdemeanor crime of domestic violence are prohibited from possessing a firearm under Texas law. It is essential for individuals to understand the laws and regulations surrounding firearms and deferred adjudications to avoid legal consequences.
