Can I buy a gun if I have a deferred adjudication in another state from over 11 years ago?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I buy a gun if I have a deferred adjudication in another state from over 11 years ago?

I was charged with auto theft when I was young and dumb at 18 years old. The judge placed me on deferred adjudication where the crime was commited; it was for 4 years. I successfully completed my deferred adjudication and now 11 years later I would like to buy a handgun where I now live. Will my background pass to purchase a handgun?

Asked on June 19, 2012 under Criminal Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The answer really depends on the laws of the state where you got the deferred.  Under Colorado you would be okay to purchase the gun because it's been over 10 years since you were off probation.  Your real concern is the federal statute.  Many fed prosecutors will say that you are not a prohibited person in possession because you are no longer subject to an indictment.  However, the feds will sometimes consider a conviction final if the original state considers it final.  For example, in Oklahoma and Washington, conviction is defined as a finding of guilty or a plea of guilty-- so even a deferred in those states would be considered a "conviction," and could potentially bar a defendant from possessing a firearm.  Before you purchase a gun, get a copy of your judgment and get a consultation with an attorney that practices federal criminal law and let them research the effect of your out of state conviction.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you were placed on deferred adjudication with respect to the auto theft charge against you years ago (a felony) and you were successful in completing such, then for all intents and purposes there should be no felony conviction against you that would preclude you from purchasing a fire arm.

In all likelihood, the background search will allow you to obtain a fire arm.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption