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Can i own a rifle with a misdemeanor A, Burglary of a vehicle?

Midland, TX |

I have just recently wanting to own a gun for activity purposes, and doing my research on it and ive noticed that i need to go threw a background check before owning one, and with my background im starting to think i won't be able to own one. So can i buy and own a gun with my criminal background??

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Attorney answers 1


The instructions on ATF Form 4473 help answer this question. I suggest that you download a copy of that form.

Then, look at questions 11.b and 11.c.
11(b): "Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year?" and
11(c) "Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?"

The punishment for a Class A misdemeanor may be found in Texas Penal Code section 12.21. The range of punishment is (1) a fine not to exceed $4,000; (2) confinement in jail for a term NOT TO EXCEED ONE YEAR; or (3) both.

Since the case you had was punishable by a term of confinement of up to one year but not more than one year, the conviction would not prevent you from owning a firearm.

If you have other questions, do not hesitate to contact me at your convenience.

Timmy Donahue
Attorney at Law
5555 West Loop South, Suite 395
Bellaire, TX 77401
Office: 832-336-7003