Can you purchase a gun if you have 3 DWI but no prison time, probation and community service only.

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Can you purchase a gun if you have 3 DWI but no prison time, probation and community service only.

Gun ownership with 3rd degree felony record

Asked on April 18, 2009 under Criminal Law, Texas

Answers:

S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

§ 12.34. THIRD DEGREE FELONY PUNISHMENT. 

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

Federal law prohibits gun possession by one who has been charged with a crime which may result in more than a year's incarceration. As a 3rd degree felony carries a potential sentence of 2 to 10, you cannot own or possess a gun under federal law.


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