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

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!

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

Posted

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.

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Posted

Respectfully, you, and the oral and written statements routinely given by courts and probation officers, and lawyers, to persons considering and being granted deferred adjudication in Texas, are dead wrong and will get you into federal trouble. The Supreme Court of Texas has held that Texas' deferred adjudication law violates the Texas Constitution and that all such are thus final convictions under Texas law. It is also a permanent bar to jury duty, etc. Furthermore, and a federal judge told us this had shocked him, too, under federal law, deferred adjudication probation is a final conviction for gun, health care employment, and other purposes. See Franklin Gordon Bynum's correct comment directly under this one.

Posted

A deferred adjudication in Texas is considered a conviction under federal law. Federal law, 18 U.S.C. § 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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I was an Army Recruiter 6 years ago. That is total BS. We would take up to 3 felony convictions, and the guard took up to 5. The Army takes drug convictions, while the guard does not. And the Marines, well their looking for a few...

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Posted

I would try another recruiter. You may have just ran into a lazy one, or one that has met their quota.

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Posted

Deferred adjudication is NOT considered a conviction in TX.

Posted

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.

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You missed the point in answering his question. Deferred means that the arrest still shows, as does the charge, but in the legal practice we find that deferred adjudication (if you complete your probation without revocation) has no final conviction. Thus, you are not a "convicted felon. These laws are as ignorant as the people that push them through the legislature (a.k.a. the gun control lobbyist). The 2nd Amendment stands, and they hate it. They will do anything to control Americans from possessing guns such as inventing crimes that unrelated to gun ownership to convict Americans of so they can take them away.

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Posted

Dead wrong, federal law controls and it says deferred adjudication probation counts as a conviction for gun law and other purposes. Very confusing and even most Texas lawyers and judges, much less defendants, don't understand and routinely give bad assurances and advice on this.

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Posted

"(4) Adjudicated as mentally defective or has been committed to a mental institution;" is another trap that most lawyers do not understand because both the state probation law, state gun possession law, and the state Mental Health Code very clearly state that having been court ordered to a mental hospital temporarily for up to 90 days, one or more times, commonly referred to as a commitment, has no effect upon your status, rights, or privileges, but that's under state law. The 1968 federal gun law sweeps anyone ever committed, and maybe anyone released from an Order of Protective Custody before trial, into the list of those permanently deprived of Second Amendment rights, including keeping an existing gun in your own home. This is true even if it is discovered and proven that your depressed condition was the direct and proximate result of having been put on medication not approved for any condtiion you had or any doctor ever said you had and contrary to an explicit FDA warning that it should not be given to persons with your diagnosis because it aggravates depression. Trust me on this one, I've been there professionally, as a lawyer with a lot of mental health law expertise drugged, thrown into a state snake pit, and suspended in my absence because, as I later learned, certain powerful people were afraid I was about to represent the incestuously molested daughter of a socially prominent and officially powerful personage--in fact the statute of limitations on her abuse as a child had run long before I ever heard of these people--and personally. Does anybody know a good Texas lawyer who isn't afraid of the State Bar or the Devil himself and might take on a test case pro bono? I have read in no less an anti-gun, and usually vetted, source than the New York Times that there is a way to get out from under this permanent loss of Constitutional rights, but the pro-Second Amendment majority in the U. S. Supreme Court said in Heller that anyone considered a mental case could be denied a gun and no pro-gun or other source or lawyer I have found knows anything about this process. Please post if you know. .

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