Yes, under Texas state law, being on deferred adjudication generally does not automatically disqualify you from possessing a firearm, unless a judge has specifically ordered otherwise. However, purchasing a firearm from a licensed dealer involves federal regulations, which might impose additional restrictions that differ from state-level possession rights.
Understanding Deferred Adjudication in Texas
Deferred adjudication is a form of probation offered in Texas that allows an individual to avoid a final conviction if they successfully complete a set period of supervision and fulfill specific conditions. If completed successfully, the case is dismissed, and no conviction is entered on the individual's record. If conditions are violated, the deferred adjudication can be revoked, and a judgment of guilt may be entered, leading to a conviction.
Texas State Law and Firearm Possession
Under Texas state law, deferred adjudication is not considered a conviction. As such, it typically does not directly lead to the loss of your right to possess a firearm. This means that, from a state perspective, you can generally possess a gun while undergoing deferred adjudication.
Important Caveat: A crucial exception is if the judge overseeing your deferred adjudication specifically orders you not to possess a firearm as a condition of your supervision. Such a condition is legally binding and must be strictly followed.
Federal Law Considerations for Buying a Firearm
While Texas state law may allow for firearm possession during deferred adjudication, the act of buying a firearm from a licensed dealer involves a federal background check through the National Instant Criminal Background Check System (NICS). Federal law has its own set of prohibitions regarding firearm possession and purchase, which operate independently of state-specific definitions of "conviction."
Here's how federal law might impact your ability to buy a gun:
- Under Indictment: Federal law prohibits individuals who are "under indictment" for a felony or any other crime for which the judge could imprison them for more than one year from possessing or purchasing a firearm. Deferred adjudication often begins after an indictment has been issued, and you may still be considered under indictment by federal standards even if state proceedings are ongoing with deferred adjudication. This is a common hurdle for those on deferred adjudication attempting to purchase a firearm.
- Misdemeanor Crime of Domestic Violence: Even if your deferred adjudication is not considered a conviction under state law, federal law prohibits individuals convicted of a "misdemeanor crime of domestic violence" from possessing or purchasing firearms. If the underlying offense leading to your deferred adjudication involved domestic violence, regardless of the deferred adjudication status, you might still be prohibited federally.
- Protective Orders: If there is an active protective order or restraining order against you related to domestic violence, federal law also prohibits firearm possession and purchase.
State vs. Federal Law: A Quick Comparison
Understanding the interplay between state and federal law is key when considering firearm rights during deferred adjudication.
| Aspect | Texas State Law (Deferred Adjudication) | Federal Law (Impact on Buying) |
|---|---|---|
| Is it a conviction? | No, deferred adjudication is not considered a conviction under state law. | Generally, no, unless a final judgment of guilt has been entered. However, other federal prohibitions can still apply based on the circumstances. |
| Impact on Possession? | Generally, no automatic loss of firearm possession rights, unless the judge specifically orders otherwise as a condition of deferred adjudication. | Not directly for "deferred adjudication" itself, but an underlying indictment for a felony or other serious crime, or certain misdemeanor convictions (like domestic violence), or specific restraining orders, can prohibit possession. |
| Impact on Buying? | (Primarily concerns possession, not the federal background check process). | Yes, purchasing from a licensed dealer requires a NICS background check, which screens against federal prohibitions. If you are under indictment for a felony or a crime punishable by more than one year, you cannot legally buy a firearm. Other factors like domestic violence history or certain protective orders also prohibit purchase. |
Key Considerations Before Attempting to Buy
Given the complexities, consider the following before attempting to buy a firearm:
- Review Your Deferred Adjudication Order: Carefully read through your deferred adjudication order to identify any specific conditions that prohibit you from possessing or purchasing firearms. Ignoring such a condition could lead to revocation of your deferred adjudication and a conviction.
- Understand Your Indictment Status: Determine if you are still considered "under indictment" by federal standards. Your attorney can clarify this for you.
- Nature of the Underlying Offense: Be aware if the original offense that led to your deferred adjudication falls under any federal prohibitions, especially concerning domestic violence.
- Consult Legal Counsel: The most reliable way to determine your eligibility is to consult with an attorney specializing in firearm law or criminal defense in Texas. They can review the specifics of your deferred adjudication, assess your federal eligibility, and provide personalized advice. Attempting to purchase a firearm when prohibited can lead to serious federal charges.
