If I’m on differed probation for a felony but still want to hunt deer, can I own a muzzle loading rifle or handgun?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m on differed probation for a felony but still want to hunt deer, can I own a muzzle loading rifle or handgun?
Asked on November 20, 2015 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Under Texas Law-- you are not considered a convicted felon for purposes of owning or possessing a firearm. However, under federal law.... you would be considered a "prohibited person" because you are still subject to an indictment. This means that under federal law, you would not be permitted to own a firearm. Even if the state chose not to prosecute you, the feds still could and the fact that your possession under state law may be legal-- will not excuse the federal charge.
Once your deferred probation is completed, you can possess a firearm under either federal or state law because you would no longer be subject to the indictment. You can risk possessing the firearm, but know that the risk you are taking is a potential five year commitment in a federal prision. The better solution would be to finish your deferred probation. Texas does have a provision which allows you to obtain an early discharge if you have completed all of your community service hours and paid your fine/restitution. The timing on when you can get off will depend on your performance-- but if you have done well-- you can get off in a third or half of the time depending on the nature of the underlying offense. Take your plea papers to a criminal defense attorney and ask them to review them to see if /when you would be elible for an early discharge.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.