Okay, my husband got busted with less than 1 gram of cocaine (a felony) back in 1999 when he was barely 18 years old and recieved Deferred Adjudication. He got off of his probation over 3 years ago and did not have to do any time. He was never convicted of anything and other than this, he has never gotten into any trouble with the law. He can get an Order of Non-Discloser in about another year and a half. I know that he can not own a gun but I want one for my home for self defense and to protect my family. I have no criminal record at all, not even a traffic ticket. Would I be albe to get a gun even though my husband has a little bit of a past? What is the processof getting a gun here in Texas? I am wanting either a 22 or a 25.
2007-09-28 01:54:14 · 7 answers · asked by kittysoma27 6 in Politics & Government ➔ Law & Ethics
We have no children and he has been sterilized to keep it that way. I've been thinking about this for over 2 years now after being a victim to a few violent crimes and I refuse to be the victim anymore.
2007-09-28 02:20:38 · update #1
The reason why I want a 22 or a 25 is because I want something that is not going to have a hard kick to it.
2007-09-28 02:22:35 · update #2
If your husband did deferred adjudication there is no legal restriction to him owning a firearm. State and Federal Law prohibits anyone convicted of a felony from possessing a firearm. So, you are safe.
As to the weapon, I would not get anything smaller than a .38 for personal defense. Also, take the Texas concealed carry class, even if you don't intend to carry at all times, just to cover yourself against any future liability issues.
2007-10-05 02:13:48 · answer #1 · answered by kmerian 3 · 1⤊ 0⤋
I got a deferred adjudication back in 1985 it was for 5 yrs for auto burglary
I did it in 2 and half yrs it s been 28 yrs and I never got in trouble again
Do I qualify to own the right to have a gun
2015-06-28 17:20:45 · answer #2 · answered by raul 1 · 1⤊ 0⤋
Also, in 2001 the Attorney General - State of Texas John Cornyn issued an 8 page opinion JC-0396 regarding this question. Summary follows. For the purposes of section 46.04 of the Penal code, which limits a convicted felon's authority to possess a firearm, the term "convicted" denotes a felon who has been proven guilty. See Tex. Pen. Code Ann. 46.04(a) (Vernon 19940. Nevertheless, a felon who received a full pardon is not subject to the disability imposed by section 46.04. Accordingly, a pardoned felon may possess a firearm without violating section 46.04. A convicted felon whose verdict has been set aside or who has been permitted to withdraw a guilty plea under article 42.12, section 20 of the Code of Criminal Procedure is not subject to 46.04 of the Penal Code because the statute releases such felon from "all penalties and disabilities resulting from the offense." Tex. code of Crim. Proc. Ann. art. 42.12 20(a) (Vernon Supp.2001); see also Cuellar v. State, 40 S. W.3d 724, 728 (Tex. App.-San Antonio 2001, no pet.)." I understand why you keep asking. Texas law states one thing and federal law states another, it is very confusing. Can you be arrested and charged with Felon in Possess of a Firearm after successfully completing DA? It has happened. Then your attorney will have to convince a Judge (most likely federal) why you should not have been charged in the first place. If he/she cannot do that then your case will go to trial. Incredibly, this very thing has happened here in Texas. This is complex and hard to answer with yes or no answer. Ask different criminal defense attorney's about this and you will get different answers. I suppose it comes down to how much of a gambler you are, you could loose your freedom. At very least, if your case should go to trial and you get off of the charge, how much worry and money have you lost. One attorney said you might consider bow hunting and not place your in this position. I don't like it either. best of luck.
2016-05-20 22:42:45 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Go to a gun shop and pick out a gun. You will have to show proof of identity and age and fill out a registration form. Yes, you can own a gun, irregardless of your husband's previous conviction. Why get a 22 or 25? You shoot somebody with one of those, you're just going to make them mad. If you want it for protection, get something big enough to stop them in their tracks. You need at least a 9mm. Of course, if you just want to rob the nearest Stop and Shop, a 22 is just fine. Nah, don't put another Saturday night special out on the streets.
2007-09-28 02:08:55 · answer #4 · answered by claudiacake 7 · 3⤊ 0⤋
I suggest something bigger than a 25, if you do have to shoot somebody with that you'll just make them mad. Try a 9mm and go to a range (or in Texas maybe just out in an open spot) and practice with it. I'm not very big or strong but with a little practice I was able to shoot straight.
2007-09-28 03:46:50 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Go to your state's or county website for handgun laws and requiremements..
I know you don't want to hear this but...my 2nd husband (we were together 15 years) shot and killed himself (yes, committed suicide) with a .22 he had bought for "protection"..I strongly suggest you NOT get a gun....if you have children in the home, I REALLY advise against it...
THINK long and hard before you make this decision...take some gun safety classes if you feel you must have a gun....
I will NEVER allow another gun in my home...ever...
2007-09-28 02:10:35 · answer #6 · answered by Toots 6 · 0⤊ 2⤋
you're OK to own but for your husband having a felony prohibits him from owning or having access to any firearms short or long guns unless black power i would really check with the federal folks on this as it may be a violation for both you you for allowing him access and him for having it _B careful
2007-09-28 02:46:44 · answer #7 · answered by aldo 6 · 0⤊ 2⤋