Q: I want to know how an old charge effects my gun rights in Texas

I had a misdemeanor DV 8 or so years ago in Nevada. The PD gave me a plea deal to get out of jail if I gave up my gun rights. I agreed because I was young and it was an easy way to get out of jail. I moved out of state to TX shortly after that to get away.

One of the clauses was to do some classes and community service which I did. I faxed the info back to my PD and never got any response on them going to my court date. They filed a bench warrant against me even though there was no way to show up and i didnt find out until later after i got the bench warrent. My question is since this case isnt closed yet. How does this effect my gun rights in Texas? am I still ineligible due to the clause of the open case or does that case even apply in Texas? how should i go about finding out or going about getting my gun rights back. I have since stayed away from trouble and just want to move on from my past without giving up my rights. How would i go about this legally?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Your situation sounds challenging, but understanding the legal implications is the first step towards resolution. In Texas, as in many states, a conviction for a misdemeanor domestic violence charge typically affects one's gun rights. This is because federal law, namely the Lautenberg Amendment to the Gun Control Act of 1968, prohibits individuals convicted of certain domestic violence misdemeanors from possessing firearms, regardless of the state.

However, since your case remains unresolved due to the outstanding bench warrant and the complications from your move, it's essential to address these legal issues first. The unresolved status and the specifics of your plea agreement in Nevada could still impact your rights in Texas. Resolving the warrant and ensuring the case is closed properly is crucial, as unresolved legal issues can lead to complications beyond just gun rights.

To navigate this situation, it would be wise to consult with a legal professional experienced in firearms law and interstate legal issues. They can provide guidance on how your Nevada case affects your rights in Texas and assist in resolving the outstanding warrant. Clearing your legal status will be a significant step towards understanding and potentially restoring your gun rights.

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