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Texas Gun Law


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#1 RAL9136

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Posted 18 December 2012 - 05:45 PM

I was convicted of a class A misdemeanor (assault with bodily injury) about 10-12 years ago. I was young and got into a fight. About 8 years ago I had this expunged. My question is, can I legally purchase a handgun in Texas with this on my record? The charge was not any kind of domestic violence and my record has been clean ever since. I've done research and it appears I can since it was NOT domestic violence and it was only punishable for up to 1 year. Anything over 1 year, I know you don't qualify but I'm still confused on this topic.

#2 adjusterjack

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Posted 18 December 2012 - 08:58 PM

Federal law trumps state law so you first have to see if you still have gun rights under federal law.

The following site explains the Lautenberg Amendment:

http://www.recordcle...ent-gun-rights/

Note that it doesn't matter what the charge was called, it matters who the victim was. So if the person you assaulted does not fall into the victim categories listed in the Lautenberg Amendment then you have not lost your gun rights under federal law.

Moving on to TX law, if you were convicted of assault under 22.01:

http://law.justia.co...ltive-offenses/

And it was not against a member of your family or household, then it would appear that you have not lost your gun rights under TX law either. See 46.04 ( b )

http://www.recordcle...xas-gun-rights/

Keep in mind that I'm not a lawyer, just a gun owner who happens to know how to look up stuff.

I suggest verifying my conclusion in one of three ways:

Google gun rights lawyer for your city, call one up and ask.

Attempt to purchase a gun at a dealer and submit to the background check and see if you are cleared for purchase.

Apply for a TX concealed carry permit and list the misdemeanor on the application. Probably the best option because if the state issues you the permit in spite of the misdemeanor, you'll have your answer.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 Tax_Counsel

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Posted 19 December 2012 - 12:41 AM

Apply for a TX concealed carry permit and list the misdemeanor on the application. Probably the best option because if the state issues you the permit in spite of the misdemeanor, you'll have your answer.


I disagree that this is the best way. First, it may be that the OP could qualify to own & possess a gun but not qualify for a concealed carry permit. In that case, a denial on the concealed carry permit would not tell him if he could own a gun. Second, there are also local laws to be concerned about and the fact the state (if it is the state that does the permits) approves the application would not tell him anything about the local law. Third, and most importantly, the permit might get issued in error even if he doesn't qualify to own a gun, and that might not be a good defense later should he be found with a gun that he’s not allowed to have.

The best way to find out is to ask a lawyer in his area who has experience with gun law matters.

#4 Guest_FindLaw_Amir_*

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Posted 19 December 2012 - 10:44 AM

I agree with the previous poster, you may want to consult with a local Texas Lawyer for clarification on your gun ownership status. Many lawyers do offer a free consultation.


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