Need Advice....not looking for a CHL...just want to hunt hogs.....

Need Advice....not looking for a CHL...just want to hunt hogs.....

This is a discussion on Need Advice....not looking for a CHL...just want to hunt hogs..... within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; I was arrested on a Class A misdemeanor in Texas back in 2005...unlawful carry - knife. I was on the way to work and had ...

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  1. #1
    New Member Array Dieudonne's Avatar
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    Need Advice....not looking for a CHL...just want to hunt hogs.....

    I was arrested on a Class A misdemeanor in Texas back in 2005...unlawful carry - knife. I was on the way to work and had traffic tickets and got pulled over....told the cops the knife was in the car and I went to jail. The judge offered me 10 days in jail or deferred adjudication. I took deferred adj. so I could keep my job and eventually completed my probation and haven't gotten in trouble since...the only thing I have is another traffic ticket....I have no felonies, no other Misdemeanors of anything on my record but traffic tickets. Now, I've really been wanting to buy a lever action .410 for hog hunting this winter and I want to know...can i buy a gun or have my rights to own a firearm been taken away? Now keep in mind....other than this class A I have no record....can someone teach me a lil somethin'?

    Thank all ya'll for d help!


  2. #2
    VIP Member Array Badey's Avatar
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    Was the possible jail sentence for this 1 year or more?


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    VIP Member Array Jaeger's Avatar
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    It my understanding that it takes a felony. The best way to find out is simply go to your local gun store, and try to buy one. The worst that'll happen is the FBI will say no. I've had to come back the next dat on a "delayed answer". No explanation was given. I won't say it isn't a tad embarrassing, like getting your credit card turned down, but you'll survive it either way.
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    I'm not a lawyer nor do I play one on TV, but I thought deferred adjudication was when you plead guilty but you are not convicted of the crime if you successfully complete your probation and do not reoffend during a certain time frame.

    Contact a qualified attorney.
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  5. #5
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    Buy the gun and see if you can make the NICS check. If you cant, you'll need to clear up that background.

    What most people that advocate the NICS check don't understand is that it does not take a felony to hose up your rights. Any outstanding warrant on even a misdemeanor charge will cause you to fail NICS.

    Just a few weeks ago, I got a call from the Madison County Sheriffs Office because they were contacted by the FBI because my "client" had a ticket that he did not take care of. He was stopped for speeding and his DL was expired. Since he was leaving the state because he was retiring from the U.S. Air Force, he just ignored it. They issued a FTA, (failure to appear) warrant for his arrest.

    As a result, he had to go to the local PD and pay a 380 fine, which he did, as I talked to the clerk that took his check. She supposedly submitted the updated info to the FBI.
    Unfortunately, its been nearly a month and they have denied the transaction 4 times because they apparently have not updated the system.

    So here is a veteran, with a safe full of guns already, that cannot receive his gun that he ordered from Gun Broker, for who knows how long, because of a BS Misdemeanor.

    I do rant and rave about this NICS crap, which is nothing more than a government mechanism for registration and denial of rights, and yet people (many of our readers in fact) still think its there to keep guns out of the hands of "criminals" when nothing could be further from the truth.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    New Member Array Dieudonne's Avatar
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    No sir...the sentence was for up to one year or a fine. The worst you could get would be 1 year plus the fine.

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    New Member Array Dieudonne's Avatar
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    Yessir you are indeed correct....But every time I go to look up Texas laws surrounding PURCHASING a firearm all I find is info about getting a CHL...I was thinking of maybe calling Austin and seeing if I could find something out.

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    VIP Member Array packinnova's Avatar
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    Wait a minute... You got arrested for having a KNIFE in a CAR in Texas? Was it actually carried on your person or is this some inane TX law that you can't have a knife in your car? I keep a good knife strapped to each emergency pack in my car trunks. Granted I'm in VA, but that whole knife arrest thing just sounds nuts without more substance to go with it.
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    Quote Originally Posted by packinnova View Post
    Wait a minute... You got arrested for having a KNIFE in a CAR in Texas? Was it actually carried on your person or is this some inane TX law that you can't have a knife in your car? I keep a good knife strapped to each emergency pack in my car trunks. Granted I'm in VA, but that whole knife arrest thing just sounds nuts without more substance to go with it.
    TX has some goofy knife laws. There are also some local variations on the law. From reading here many TX LEOs seem to say they won't arrest for a knife charge unless there is more going on. That's the part that concerns me about our laws-- what happens on the road side is too arbitrary. Until a few weeks ago switch blades were illegal and what exactly constituted such was a tad unclear.
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    Distinguished Member Array RightsEroding's Avatar
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    Quote Originally Posted by HotGuns View Post
    Buy the gun and see if you can make the NICS check. If you cant, you'll need to clear up that background.

    What most people that advocate the NICS check don't understand is that it does not take a felony to hose up your rights. Any outstanding warrant on even a misdemeanor charge will cause you to fail NICS.
    Agreed. Go and make the purchase; see what happens.

    NICS check don't understand is that it does not take a felony to hose up your rights. Any outstanding warrant on even a misdemeanor charge will cause you to fail NICS.
    NICS is a failed system IMO.
    I was able to purchase a handgun w/o any prob whatsoever; yet I was initially denied a LTC which I eventually had overturned thru appeal.

    Odd how I could BUY a pistol or rifle yet be denied a LTC...apparently (if) I were a nut job, I would simply purchase a weapon but not carry it? Wow....serious holes in the NICS.

    The FED says yes and my home state says no. All-righty then.
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  11. #11
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    How would you answer question 11. c. on form 4473?

    Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation? (See Instructions for Question 11.c.)

    EXCEPTION to 11.c. and 11.i.: A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold public office) taken away and later restored AND (2) the person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer “no” to 11.c. or 11.i., as applicable.


    Were you "convicted"? It is not asking if you plead guilty but were never convicted.

    If you do not know whether you were convicted or not, call a qualified attorney and have him/her look into your case or call the court yourself and give them your case number and ask if there was a conviction and what the conviction was for and then find out the maximum penalty for that crime. From the info you gave it sounds like there was no conviction but I can't be certain...I wasn't there and I don't know if the information you are providing is complete and accurate.

    No one here is going to know what happened during your trial...we weren't there.

    If to the best of your knowledge the answer to question 11. c. is "no", then perhaps you might want to answer "no" to that particular question if you were ever to find yourself in a position where you had a reason to fill out form 4473.

    Good luck.

    By the way, if you fill out form 4473 and happen to get a "delayed" response by NICS listen carefully because "delayed" does not mean "denied" (see 21c and 21d.). http://www.atf.gov/files/forms/downl...f-f-4473-1.pdf
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  12. #12
    VIP Member Array StormRhydr's Avatar
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    Thats easy. The OP says that the charge was a Class A Misdemeanor. A Misdemeanor (in that range), carries up to 11 mos, and 29 days, so it is less than one year. Felonies start at 1 year or greater.

    So, regardless, the correct answer to that question is "No".

    Quote Originally Posted by 1MoreGoodGuy View Post
    How would you answer question 11. c. on form 4473?

    Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation? (See Instructions for Question 11.c.)

    EXCEPTION to 11.c. and 11.i.: A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold public office) taken away and later restored AND (2) the person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer “no” to 11.c. or 11.i., as applicable.


    Were you "convicted"? It is not asking if you plead guilty but were never convicted.

    If you do not know whether you were convicted or not, call a qualified attorney and have him/her look into your case or call the court yourself and give them your case number and ask if there was a conviction and what the conviction was for and then find out the maximum penalty for that crime. From the info you gave it sounds like there was no conviction but I can't be certain...I wasn't there and I don't know if the information you are providing is complete and accurate.

    No one here is going to know what happened during your trial...we weren't there.

    If to the best of your knowledge the answer to question 11. c. is "no", then perhaps you might want to answer "no" to that particular question if you were ever to find yourself in a position where you had a reason to fill out form 4473.

    Good luck.

    By the way, if you fill out form 4473 and happen to get a "delayed" response by NICS listen carefully because "delayed" does not mean "denied" (see 21c and 21d.). http://www.atf.gov/files/forms/downl...f-f-4473-1.pdf

  13. #13
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    By the way, if you fill out form 4473 and happen to get a "delayed" response by NICS listen carefully because "delayed" does not mean "denied"
    It just means that they have 3 days to deny you and if they don't call you, you get the firearm 3 working days later.

    So now, since many of them have been "sequestered" by the present administration, the "delays" are quite common, meaning that you have a 3 day waiting period... whether you like it or not.
    1MoreGoodGuy and Hopyard like this.
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    Quote Originally Posted by StormRhydr View Post
    Thats easy. The OP says that the charge was a Class A Misdemeanor. A Misdemeanor (in that range), carries up to 11 mos, and 29 days, so it is less than one year. Felonies start at 1 year or greater.

    So, regardless, the correct answer to that question is "No".
    It is "easy" if the OP is giving us the correct info...As I stated, we do not know for certain if the info he is providing is complete and accurate. Based on the info he gave us, it sounds like his answer to question 11.c. would be "no".
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    VIP Member Array pittypat21's Avatar
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    I think that if you are able to answer all the questions honestly on your 4473, that you should be able to get one. I'm pretty sure that if you don't have any warrants or felony convictions that it's fine.

    If you're not sure, the best thing to do is to call a lawyer and double check all that.

    Also, I'd get a .308, but that's just me.

    Or, since you mentioned the .410, I'd do a 12 ga slug gun. Personal preference though.
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