Can someone charged with a felony own a gun?

UPDATED: Oct 1, 2022

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Can someone charged with a felony own a gun?

My dad was charged with a felony for burglary over 30 years ago when he was a dumb 17 year old. His civil rights were reinstated and he votes and gets called for jury duty. His criminal record

lists the charge as burglary-building but does not list it as conviction, just defferred. Is he OK to own a firearm? Would he pass the background check?

Asked on March 25, 2018 under Criminal Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

So according to you he was never convicted of the burglary, it was deferred.  So under Federal Law a person who has been convicted of a felony may NOT possess a firearm.  Period. Texas also criminalizes possession but Federal Law defers to State law when issues arise as to what constitutes a conviction. This depends on the terms of the disposition and what was your Father in fact discharged from: the underlying charges or just the community supervision portion, which is what is usual.  You need to get a copy of the disposition and then speak with someone in person about this.  He should not purchase anything until he knows the answer becuase he could go back to jail.  Good luck.

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