Atlanta, GA asked in Criminal Law for Texas

Q: Can I purchase a firearm in Texas after deferred adjudication for aggravated assault?

I completed deferred adjudication for aggravated assault on March 7, 2025, in Texas. There were no conditions attached, and I have not had any other legal issues or charges since then. Can I purchase a firearm in Texas now?

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2 Lawyer Answers

A: The short answer is yes. But, You will have to get your original case and arrest expunged from the court records. When your deferred adjudication was successfully completed, the judge dismissed the felony charges against you. If so, then you can have that case and the underlying arrest taken off the records for the state. That does NOT mean the FBI doesn't have that info. They are under no obligations to remove your arrest from their system.

However, your status for firearm rules in Texas and all other states, is that you are NOT a convicted felon. Thus, your 2nd Amendment rights are intact.

Good Luck!

James L. Arrasmith
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Answered

A: In Texas, completing deferred adjudication for a felony charge, such as aggravated assault, does not automatically restore your right to purchase or possess a firearm. Under federal law, individuals who have been convicted of a felony are prohibited from possessing firearms. While deferred adjudication is not considered a conviction under Texas law, it may still be treated as a conviction under federal law, which could affect your eligibility to purchase a firearm.

Additionally, if the aggravated assault charge involved family violence, federal law prohibits individuals convicted of such offenses from possessing firearms. Even if the charge did not involve family violence, the nature of the offense and its classification under federal law could impact your rights.

Given the complexities of firearm laws and their application to your situation, it's advisable to consult with a legal professional who can provide guidance based on the specifics of your case. They can help determine your eligibility and advise you on the appropriate steps to take.

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