San Antonio, TX asked in Criminal Law and Civil Rights for Texas

Q: Can i buy a firearm if im being charged with a felony?

Im currently being charged with a felony, i have not been convicted and have a clean record before this. I was told i can still own and possess the firearms i own but “probably” wouldnt get sold a gun. I wanna get other lawyers opinions because mine doesnt seem the know what he talks about

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2 Lawyer Answers
John Cucci Jr.
John Cucci Jr.
Answered
  • Criminal Law Lawyer
  • Houston, TX

A: While in a normal situation you can buy or possess a gun if you have not been convicted of a felony, you probably can not posses one now. The reason is that if you are presently only charged with a felony, I would bet that either the court or your bond obligations prevent you from possessing a firearm while your case is pending.

Good Luck!

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: No, you probably would get flagged in a firearm purchase due to the pending felony case. Also, a typical bond condition is no firearms or ammunition. So if that is a bond condition, you would not want to purchase or possess firearms while the case is pending. Often, even if you take probation, it is a condition of probation not to own firearms or ammunition. Once you FINISH a probation, the case is dismissed, or you are found not guilty, then you can purchase or possess a firearm, so long as you don't have other disqualifying history.

More importantly...you don't trust your lawyer to provide you legal advice? Bummer! If you are convicted of the felony, you can never legally purchase a firearm again. Make sure you hire someone you trust before you decide what to do on your felony case. Whatever choice you make will have lifelong consequences.

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