I had a felony conviction 7 years ago and did a deferred probation, can I legally own a firearm?

Asked 10 months ago - San Antonio, TX

I had a felony conviction 7 years ago and did a deferred probation, can I legally own a firearm? Here in TX it says that I can posses a gun in my home if I done deferred probation. Does that violate Federal law? Please help

Attorney answers (4)

  1. Deepali Meenu Walters

    Contributor Level 16

    5

    Lawyers agree

    Answered . You said you had a felony conviction but did deferred. Was this two different cases?

    Attorney Meenu Walters - 210-294-2515 - mwalters@lawwalters.com
  2. Blakely Ian Mohr

    Pro

    Contributor Level 7

    5

    Lawyers agree

    Answered . As the previous Attorneys have stated, you need to determine if you were actually convicted of the offense charged. A deferred adjudication in Texas can result in a dismissal upon successfully completing said community supervision.

    You should consult the plea paperwork filed in the District Court that was supervising your community supervision. Determine if your case resulted in a dismissal or conviction.

    As previously stated there are Federal implications for Felons in possession of firearms. I would also re-read the following statute that deals with the criminal charge of Felons owning/possession Firearms:


    § 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person
    who has been convicted of a felony commits an offense if he
    possesses a firearm:
    (1) after conviction and before the fifth anniversary
    of the person's release from confinement following conviction of
    the felony or the person's release from supervision under community
    supervision, parole, or mandatory supervision, whichever date is
    later; or
    (2) after the period described by Subdivision (1), at
    any location other than the premises at which the person lives.
    (b) A person who has been convicted of an offense under
    Section 22.01, punishable as a Class A misdemeanor and involving a
    member of the person's family or household, commits an offense if
    the person possesses a firearm before the fifth anniversary of the
    later of:
    (1) the date of the person's release from confinement
    following conviction of the misdemeanor; or
    (2) the date of the person's release from community
    supervision following conviction of the misdemeanor.
    (c) A person, other than a peace officer, as defined by
    Section 1.07, actively engaged in employment as a sworn, full-time
    paid employee of a state agency or political subdivision, who is
    subject to an order issued under Section 6.504 or Chapter 85, Family
    Code, under Article 17.292 or Chapter 7A, Code of Criminal
    Procedure, or by another jurisdiction as provided by Chapter 88,
    Family Code, commits an offense if the person possesses a firearm
    after receiving notice of the order and before expiration of the
    order.
    (d) In this section, "family," "household," and "member of a
    household" have the meanings assigned by Chapter 71, Family Code.
    (e) An offense under Subsection (a) is a felony of the third
    degree. An offense under Subsection (b) or (c) is a Class A
    misdemeanor.

    Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
    Renumbered from V.T.C.A., Penal Code § 46.05 and amended by Acts
    1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by
    Acts 2001, 77th Leg., ch. 23, § 2, eff. Sept. 1, 2001; Acts 2003,
    78th Leg., ch. 836, § 4, eff. Sept. 1, 2003.

  3. John M. Kaman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Federal law makes it illegal for a felon to own or possess a firearm. See 18 USC 922g.

  4. Derek Anthony Patrin

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . As the other lawyers have said, it's going to come down to whether you were actually "convicted" of the felony matter. Typically a deferred adjudication would result in no conviction being entered. Check with your attorney on that offense to see if you were actually "convicted" or you could contact the local court clerk and ask them.

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