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Can I own a Gun in Texas?

Discussion in 'Legal' started by New To Knives, Feb 8, 2010.

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  1. New To Knives

    New To Knives Member

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    Alright, I was charged with a Class C Misdemeanor for Possession of drug paraphernalia when I was 19, I am now 22. I am not a Chemically dependent person and I am not seeing any mentioning of Class C misdemeanors prohibiting possession of a firearm. I just want to know, is the possession of drug paraphernalia going to be a problem when I try to purchase a handgun?
     
  2. hso

    hso Moderator Staff Member

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    Charged, but were you convicted?
     
  3. burrhead

    burrhead Member

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    A class C misdemeanor is a crime that has no jail time attached to a conviction. Traffic tickets are C misdemeanors. You can purchase a gun and/or get a CHL with one on your record. It’s really pretty much a non-issue.
     
  4. 2ndAmFan

    2ndAmFan Member

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    I'm no lawyer, but in Texas I believe if the misdemeanor is not punishable by 1 year or more in jail it does not affect gun ownership rights. Class C misdemeanors are usually punished with just a fine. You cannot buy a gun if you are under a restraining order, but you make no mention of anything like that so I'll assume you are not. Also, Texas often gives 1st time minor offenders deferred adjudication probation, which if successfully completed wipes the conviction off your record. Even w/out deferred adjudication I don't think a Class C misdemeanor conviction would bar gun ownership, but it never hurts to check with a good lawyer or even to call the Texas office of BATFE (Yes, I know) in a situation where you are unsure. I bet at least one or two other members here know more than I do. Better safe than sorry.
     
  5. New To Knives

    New To Knives Member

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    Thanks for the quick answer, the Possession part is what was bothering me. I've been denied apartment leases and certain business certifications, just because the charge has the word drug in it. Glad to know my 2nd amendment wasn't crushed due to a teenage mistake.
     
  6. StarDust1

    StarDust1 Member

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    Best thing is to proceed with your purchase and see where it takes you, it's certainly not a crime to be delayed while they sort it out!
    FYI, illegal drug possession and outstanding charges & or convictions are predicate disqualifications for the purchase of a firearm.
    Were you convicted of a drug offense?
     
  7. w_houle

    w_houle Member

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    2 years misdemeanor and 1 year felony.
     
  8. New To Knives

    New To Knives Member

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    I was originally charged with Possession of Marijuana and pleaded no contest to get it dropped down to Possession of Drug Paraphernalia. I can't get it expunged since it is a Class C misdemeanor and it is too late for any kind of Deferred Adjudication. The only thing that shows up on my record is the Possession of Drug Paraphernalia.
     
  9. LEVRLOVR

    LEVRLOVR Member

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    Hey N T K.

    I don't think you will have any problem, but to avoid the aggravation of being denied, you might make a few calls to some of your local law enforcement and attorneys and get a little "heads UP" first.
     
  10. New To Knives

    New To Knives Member

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    Thanks for all the advice, I'll make sure to call a few local authorities and see what the general consensus is.
     
  11. Boba Fett

    Boba Fett Member

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    *note: not a lawyer and not fully up on all the legal aspects of this, just going off what dealers and LE have told me*

    I may be misunderstanding you StarDust1, but I believe if you were to proceed with the purchase, had something that would prevent you from ownership, and didn't answer the question correctly on the form (thinking that it didn't apply to you), you might have some jail/fines to deal with (big bold warning at the top):
    http://doctorbulldog.files.wordpress.com/2008/10/atf-form-4473-pg1.gif

    Now, you might be able to explain your way out, that you weren't lying and didn't realize you would get in trouble for your answer, but I'd deal with it before hand. It really is better to ask permission than to ask for forgiveness, especially when it comes to the government and legal/jail matters.


    IMO, the best thing to do before proceeding would be to ask the local dealer and/or local law enforcement. Go to the upcoming gun show in Houston (or anywhere). Lots of people you can talk to there about it: ATF agents, police, dealers, CHL instructors.


    Good luck!
     
    Last edited: Feb 8, 2010
  12. mljdeckard

    mljdeckard Member

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    DO NOT try to buy a gun if your status is in question. Contact the DOJ and find out your status.
     
  13. StarDust1

    StarDust1 Member

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    I'm assuming he's eligible to own the firearm based on what he's told us, however you've an excellent point, you cannot proceed if you KNOW you're barred from ownership of firearms!
    I'm certain that he's going to be delayed at the point of purchase, he's admitted to being dealt setbacks with apartments and various other day to day minutiae as a result of the plea arrangement, it could possibly generate a denial, if so it's likely to be quickly(relatively)overturned upon closer inspection...Ultimately, this is the last place to come for legal advice....
     
  14. Boba Fett

    Boba Fett Member

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    Gotcha StarDust1. [​IMG]


    LOL too true. The best legal advice we can usually offer here is ask a lawyer/LE/DOJ. :D
     
  15. Rio Laxas

    Rio Laxas Member

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    If this happened in Texas, then just go to the DPS website and pay the $4 to do a background check on yourself and then you will see what is on your record. If it is a misdemeanor, then you will have no problems owning or purchasing a firearm.
     
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