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Assault & Battery Can I buy a handgun?
- Thread Starter Dbrist
- Start date
army judge
Super Moderator
You know what you were originally charged with and why you got it bargained down to a lesser and included offense.
I suggest you not even try to buy any handgun, rifle, or firearm.
A very thorough and rigorous background check will be conducted in order to qualify for a Texas (or any state's) CC permit.
Besides, how can a bunch of strangers unfamiliar with you or your criminal history properly advise you?
You could reach out to your lawyer who assisted you with your original charge, as he or she might be able to give you the same answer I did.
You're a free man dude, why not just enjoy life?
mightymoose
Moderator
A good way to find out is to attempt to buy one. If they say no then you likely can't buy one.
The following is from the eligibility requirements for obtaining a license for a concealed weapon in Texas.
TEXAS CONCEALED HANDGUN LICENSE LAWS
2013 - 2014
GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor
or equivalent offense, or of an offense under Section 42.01, Penal Code, or
equivalent offense, or of a felony under an information or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class B
misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the proper
use and storage of a handgun;
(8) has not, in the five years preceding the date of application, been convicted
of a Class A or Class B misdemeanor or equivalent offense or of an offense
under Section 42.01, Penal Code, or equivalent offense;
(9) is fully qualified under applicable federal and state law to purchase a
handgun;
(10) has not been finally determined to be delinquent in making a child support
payment administered or collected by the attorney general;
(11) has not been finally determined to be delinquent in the payment of a
tax or other money collected by the comptroller, the tax collector of a political
subdivision of the state, or any agency or subdivision of the state;
(12) is not currently restricted under a court protective order or subject to a
restraining order affecting the spousal relationship, other than a restraining
order solely affecting property interests;
(13) has not, in the 10 years preceding the date of application, been
adjudicated as having engaged in delinquent conduct violating a penal law of
the grade of felony; and
(14) has not made any material misrepresentation, or failed to disclose any
material fact, in an application submitted pursuant to Section 411.174.
(b) For the purposes of this section, an offense under the laws of this state,
another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony if the offense, at the time
the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state
as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary; and
(2) a Class A misdemeanor if the offense is not a felony and confinement in a
jail other than a state jail felony facility is affixed as a possible punishment.
(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at
the time of a person's application for a license to carry a concealed handgun, the
offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this
state as a felony.
(c) An individual who has been convicted two times within the 10-year period
preceding the date on which the person applies for a license of an offense of
the grade of Class B misdemeanor or greater that involves the use of alcohol
or a controlled substance as a statutory element of the offense is a chemically
dependent person for purposes of this section and is not qualified to receive
a license under this subchapter. This subsection does not preclude the
disqualification of an individual for being a chemically dependent person if other
evidence exists to show that the person is a chemically dependent person.
(d) For purposes of Subsection (a)(7), a person is incapable of exercising sound
judgment with respect to the proper use and storage of a handgun if the person:
(1) has been diagnosed by a licensed physician as suffering from a psychiatric
disorder or condition that causes or is likely to cause substantial impairment in
judgment, mood, perception, impulse control, or intellectual ability;
(2) suffers from a psychiatric disorder or condition described by Subdivision
(1) that:
(A) is in remission but is reasonably likely to redevelop at a future time; or
(B) requires continuous medical treatment to avoid redevelopment;
(3) has been diagnosed by a licensed physician, determined by a review
board or similar authority, or declared by a court to be incompetent to manage
the person's own affairs; or
(4) has entered in a criminal proceeding a plea of not guilty by reason of
insanity.
(e) The following constitutes evidence that a person has a psychiatric disorder or
condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization;
(2) psychiatric hospitalization;
(3) inpatient or residential substance abuse treatment in the preceding fiveyear
period;
(4) diagnosis in the preceding five-year period by a licensed physician that
the person is dependent on alcohol, a controlled substance, or a similar
substance; or
(5) diagnosis at any time by a licensed physician that the person suffers or
has suffered from a psychiatric disorder or condition consisting of or relating to:
(A) schizophrenia or delusional disorder;
(B) bipolar disorder;
(C) chronic dementia, whether caused by illness, brain defect, or brain
injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder; or
(F) antisocial personality disorder.
(f) Notwithstanding Subsection (d), a person who has previously been diagnosed
as suffering from a psychiatric disorder or condition described by Subsection (d)
or listed in Subsection (e) is not because of that disorder or condition incapable
of exercising sound judgment with respect to the proper use and storage of a
handgun if the person provides the department with a certificate from a licensed
physician whose primary practice is in the field of psychiatry stating that the
psychiatric disorder or condition is in remission and is not reasonably likely to
develop at a future time.
(g) Notwithstanding Subsection (a)(2), a person who is at least 18 years of age
but not yet 21 years of age is eligible for a license to carry a concealed handgun
if the person:
(1) is a member or veteran of the United States armed forces, including a
member or veteran of the reserves or national guard;
(2) was discharged under honorable conditions, if discharged from the United
States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a) except for the
minimum age required by federal law to purchase a handgun.
(h) The issuance of a license to carry a concealed handgun to a person eligible
under Subsection (g) does not affect the person's ability to purchase a handgun
or ammunition under federal law.
TEXAS CONCEALED HANDGUN LICENSE LAWS
2013 - 2014
GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor
or equivalent offense, or of an offense under Section 42.01, Penal Code, or
equivalent offense, or of a felony under an information or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class B
misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the proper
use and storage of a handgun;
(8) has not, in the five years preceding the date of application, been convicted
of a Class A or Class B misdemeanor or equivalent offense or of an offense
under Section 42.01, Penal Code, or equivalent offense;
(9) is fully qualified under applicable federal and state law to purchase a
handgun;
(10) has not been finally determined to be delinquent in making a child support
payment administered or collected by the attorney general;
(11) has not been finally determined to be delinquent in the payment of a
tax or other money collected by the comptroller, the tax collector of a political
subdivision of the state, or any agency or subdivision of the state;
(12) is not currently restricted under a court protective order or subject to a
restraining order affecting the spousal relationship, other than a restraining
order solely affecting property interests;
(13) has not, in the 10 years preceding the date of application, been
adjudicated as having engaged in delinquent conduct violating a penal law of
the grade of felony; and
(14) has not made any material misrepresentation, or failed to disclose any
material fact, in an application submitted pursuant to Section 411.174.
(b) For the purposes of this section, an offense under the laws of this state,
another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony if the offense, at the time
the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state
as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary; and
(2) a Class A misdemeanor if the offense is not a felony and confinement in a
jail other than a state jail felony facility is affixed as a possible punishment.
(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at
the time of a person's application for a license to carry a concealed handgun, the
offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this
state as a felony.
(c) An individual who has been convicted two times within the 10-year period
preceding the date on which the person applies for a license of an offense of
the grade of Class B misdemeanor or greater that involves the use of alcohol
or a controlled substance as a statutory element of the offense is a chemically
dependent person for purposes of this section and is not qualified to receive
a license under this subchapter. This subsection does not preclude the
disqualification of an individual for being a chemically dependent person if other
evidence exists to show that the person is a chemically dependent person.
(d) For purposes of Subsection (a)(7), a person is incapable of exercising sound
judgment with respect to the proper use and storage of a handgun if the person:
(1) has been diagnosed by a licensed physician as suffering from a psychiatric
disorder or condition that causes or is likely to cause substantial impairment in
judgment, mood, perception, impulse control, or intellectual ability;
(2) suffers from a psychiatric disorder or condition described by Subdivision
(1) that:
(A) is in remission but is reasonably likely to redevelop at a future time; or
(B) requires continuous medical treatment to avoid redevelopment;
(3) has been diagnosed by a licensed physician, determined by a review
board or similar authority, or declared by a court to be incompetent to manage
the person's own affairs; or
(4) has entered in a criminal proceeding a plea of not guilty by reason of
insanity.
(e) The following constitutes evidence that a person has a psychiatric disorder or
condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization;
(2) psychiatric hospitalization;
(3) inpatient or residential substance abuse treatment in the preceding fiveyear
period;
(4) diagnosis in the preceding five-year period by a licensed physician that
the person is dependent on alcohol, a controlled substance, or a similar
substance; or
(5) diagnosis at any time by a licensed physician that the person suffers or
has suffered from a psychiatric disorder or condition consisting of or relating to:
(A) schizophrenia or delusional disorder;
(B) bipolar disorder;
(C) chronic dementia, whether caused by illness, brain defect, or brain
injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder; or
(F) antisocial personality disorder.
(f) Notwithstanding Subsection (d), a person who has previously been diagnosed
as suffering from a psychiatric disorder or condition described by Subsection (d)
or listed in Subsection (e) is not because of that disorder or condition incapable
of exercising sound judgment with respect to the proper use and storage of a
handgun if the person provides the department with a certificate from a licensed
physician whose primary practice is in the field of psychiatry stating that the
psychiatric disorder or condition is in remission and is not reasonably likely to
develop at a future time.
(g) Notwithstanding Subsection (a)(2), a person who is at least 18 years of age
but not yet 21 years of age is eligible for a license to carry a concealed handgun
if the person:
(1) is a member or veteran of the United States armed forces, including a
member or veteran of the reserves or national guard;
(2) was discharged under honorable conditions, if discharged from the United
States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a) except for the
minimum age required by federal law to purchase a handgun.
(h) The issuance of a license to carry a concealed handgun to a person eligible
under Subsection (g) does not affect the person's ability to purchase a handgun
or ammunition under federal law.
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