Austin, TX asked in Criminal Law and Federal Crimes for Texas

Q: So I was arrested in 2019 in Ohio for a misdemeanor of aggravated grand petty theft no weapon but I was let into thearmy

Right after now I live in texas I’m getting honorably discharged can I buy a personal firearm in texas

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1 Lawyer Answer
Richard Hinds
Richard Hinds
  • Criminal Law Lawyer
  • Cuero, TX
  • Licensed in Texas

A: The easiest way to find out for sure is to purchase your firearm from a federally licensed dealer. Make sure you are truthful on the application. As long as you do not lie on the application, the worse that can happen is they deny your purchase. Nothing ventured, nothing gained.

The question will be whether the charge in Ohio is considered a felony under Texas law. I do not know. I doubt it. To determine that would require rather extensive research. The easiest way is to go try and buy one.

Here are some of the prohibitions against buying a personal firearm in Texas:

-You must be at least 21 years old to purchase a handgun or receiver.

-You must not have been convicted of a felony.

-You must not have been convicted of a misdemeanor domestic violence offense.

-You must not be a drug user or alcoholic.

-You must not be a mentally ill person who has been adjudicated incompetent or been committed to a mental institution.

-You must not be a fugitive from justice.

-You must not be a prohibited person under federal law.

In addition to these general prohibitions, there are also a number of other factors that could prevent you from buying a gun in Texas, such as:

-If you are a member of a prohibited class of persons under federal law, such as a convicted felon or a fugitive from justice, you cannot buy a gun from a licensed dealer, even if you are not prohibited from buying a gun in Texas.

-If you are buying a gun from a private seller, you are not required to undergo a background check. However, the seller is prohibited from selling a gun to a person who is prohibited from owning a gun under Texas or federal law.

Hope this helps. Good luck and thank you for your service.

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