2nd Amendment and Right to Bear Arms/Gun Law
Expert: n/a - 5/29/2009
QuestionI'm 28 now, and I was involved with the wrong crowd when I
was younger. I was arrested a couple times as a juvenile
for assault and trespassing. I stayed out of trouble for
about 5 years and my fiance died. I went on a rampage for
about 6 months and was arrested 3 times. Twice for
possession, one a misdemeanor and one a state jail felony.
The felony was dropped and I successfully completed
deffered adjudication for the misdemeanor. My cousin and I
had a hunting accident where the gun I was holding went off
and grazed his stomach. We took him to the hospital and the
cops were called and we lied about what happened. We later
told the truth and were let go. Four months later the grand
jury decided to charge me with deadly conduct, a third
degree felony. I was given deffered and successfully completed it. Up until this point I had no convictions of
any kind. Three years later I received a DWI, which I was
convicted of. To my knowledge I wasn't convicted as a
juvenile and I was told that they don't even look at
juvenile records. I was a hunter growing up and while on
probation I was told that I could keep the guns I own, but
couldn't buy anymore until I was off probation. Well about
a month ago I went to a gun store to make a purchase and
the background check denied me. The clerk said that only a
felony conviction would prevent me from purchasing a gun,
but I looked through the county records (only adult is
available), and it showed I only had a class B misdemeanor
conviction. To my understanding of Texas gun law I should
be able to purchase a gun. What do you think is preventing
it and now I'm worried that if I get pulled over on the way
to the lease that I would get arrested since I wasn't allowed to purchase a gun last month. Please respond and
let me know what you think and if there is an avenue to
correct this. By the way I haven't been in trouble for
about five years and have obtained my college degree with
honors from University of Houston. I don't know if that
will help if I have to go to court. Also, I know I can
legally purchase a gun from a gun show, but if I am caught
with it can I be arrested since the background check denied
me a gun purchase?
AnswerUsually what happens when someone has a blemish on their record that does not disqualify them from firearms but is a conviction, you need to apply and receive a firearm permit in the state where you live in order to pass the NICS check. You will have either appeal it and when the appeal or receive a firearm permit. A college degree has no affect in this process and also if the gun show does not have to do a background check and you purchase a weapon it does not mean you have done it legally. The only way you can no if you are legally allowed to own a firearm is if you qualify through an FFL holder who does a background check on you through NICS.
Good Luck