Texas Deferred Adjudication Completed, How have my gun rights been affected?

Asked almost 4 years ago - Houston, TX

I was arrested for burglary of a building in Texas which is a state jail felony. They sentenced me to 3 years deferred adjudication and i was released after serving a year and a month. I am now 21 and i want to excercise my right to bear arms. Has my right to buy firearms or posses firearms been affected? I havent had trouble with voting or anything. Also the army said i was now ineligible to join becasue of the deferred, but i was completely eligible and about to sign up before the arrest happened. Is this true or can i still enlist since i wasnt actually convicted? Thanks a million for any help!

Additional information

Well franklin while i appreciate your answer it isnt what im looking for. Even the paper i got from the court says felony deferred can posses firearms and ammo and go hunting and apply for a conceal permit after 5 or 10 years. It just says i cant purchase additional firearms. So it doesnt really make sense. Thats all im trying to figure out. Some say i can buy and some say i cant. I want a legitimate answer taking into consideration all TEXAS laws. Thanks

Attorney answers (3)

  1. Russell David Hunt Jr.

    Contributor Level 11

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    Answered . This area of law is complicated because you are dealing with several conflicting sources of law.

    Under Texas law you can possess a firearm just like the judge said.

    The Federal firearms law says a person "convicted" of a felony can never possess a firearm. "Convicted" for federal criminal purposes does not include a Texas deferred adjudication.

    Army regulations will determine what the Army considers to be a conviction or not, and what is an acceptable conviction and what is not. You should talk to a recruiter about what exact reason they are denying your enlistment.

    Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

  2. Alan James Brinkmeier

    Contributor Level 20

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    Answered . Here is another way to look at it.

    All 50 states must follow the federal gun law possession ban. In Texas, when you are looking to possess a gun, you will run into it as well. Even the Army (Navy, Air Force, Marines, Coast Guard), will follow federal law that considers your state jail felony "deferred" as a prohibition to your eligibilty.

    Federal law prohibits gun possession by any of the following groupings of people. This is true no matter what Texas law says:

    (1) Convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

    (2) Fugitive from justice;

    (3) Unlawful user of or addicted to any controlled substance;

    (4) Adjudicated as mentally defective or has been committed to a mental institution;

    (5) Alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

    (6) Discharged from the US military by dishonorable conditions;

    (7) A former citizen of the United States who has renounced US citizenship;

    (8) Subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or

    (9) Convicted of a misdemeanor crime of domestic violence

    .... cannot lawfully receive, possess, ship, or transport a firearm.

    If your convictions fall into any of these groupings, as a practical matter under federal law, you can never legally own a gun again no matter what Texas law says. So what if the paper you have says something different? If you violate federal law you go back prison. You are a convicted felon. You can never lawfully receive, possess, ship, or transport a firearm.

  3. Franklin Gordon Bynum

    Contributor Level 10

    Answered . A deferred adjudication in Texas is considered a conviction under federal law. Federal law, 18 U.S.C. ยง 922(g), makes it illegal for a felon to ship, transport, possess or receive any firearm or ammunition.

    The Army probably considers you to be convicted under the same principle, that your deferred here is a conviction for federal purposes.

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