Houston, TX asked in Criminal Law for Texas

Q: Can I carry a firearm in Texas if I was placed on Defferred adjudication for Robbery in 2009?

I successfully completed it in 2011.

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2 Lawyer Answers
Vonnie Clay Dones III
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Answered

A: In your case, a successful deferred adjudication completion is a dismissal and under TEXAS law, you can possess a firearm with the same rights as everyone else, as the charge did not result in a conviction. However, a deferred adjudication in Texas is considered a conviction under FEDERAL law. 18 U.S.C. § 922(g). Therefore, you cannot be convicted under state law but can be convicted under federal law for possession of a firearm. It is still a federal crime.

A: I respectfully disagree with my colleague. Since you have completed your period of deferred, 922(g) does not prohibit you from carrying a firearm.

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