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Hello everyone, first TFR post, scanned FAQs, etc, and found nothing. I was an idiot for a long time. Drank a lot(I mean a LOT, detox, DTs, making GBS threads blood, etc.), and ended up getting involuntarily committed to a mental institution after I ate a bottle of prescription sedatives and washed it down with liquor. This was about 13 years ago. And it was in Arizona. I have no violent crimes on my record, but a few alcohol-related arrests for Public Intox, Minor In Consumption and the like. I was picked up almost 5 years ago here in Texas for PI, never paid the fine, and went to jail a year later for it(which shows up obviously as another PI charge}. So, that's two alcohol-related arrests in the last 5 years(until March). Been sober for a few years now, and I would like to have a gun around for target shooting and home protection. Not depressed, angry, or volatile, happily narried, and trying to clear up the wreckage of my past. what are the odds? Thanks in advance.
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| # ? Jan 30, 2013 16:35 |
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| # ? May 26, 2013 01:45 |
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Talk to a Texas Attorney who specializes in firearms law. The involuntary mental health lockup can be a big problem more so than the arrests.
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| # ? Jan 30, 2013 16:37 |
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Good Attorney and a Favorable judge and absolutely overwhelming evidence that you've changed for good, and you probably have a decent shot. You have a better shot at getting back the ability to own arms, but concealed carry may be a totally different matter.
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| # ? Jan 30, 2013 16:40 |
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Seconding Gfanikf, the mental health issue is the bigger hurdle. Definitely get in touch with an attorney, and maybe get a letter from a doctor saying "Leopold is Sane" and you're 90% there. Building a rapport with a public attorney in Texas who can be influential on your owning a firearm is another boon for your goals. Nothing makes public servants who deal with the general public more jaded than seeing people descend into substance-fueled spirals of leech-citizenship knowing that they'll stay like that forever. Seeing a success story generally makes public servants latch onto you and love you and wish more people were like you, and this is your best meal ticket to legally owning a gun again. Good luck, and very glad that your life is significantly better now. 
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| # ? Jan 30, 2013 17:43 |
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I have a coworker who was asking me about if he could own with a 20-something year old felony record for selling crack. Since his was felony, I politely told him he may be screwed. I'm not sure a lawyer would help much in felony situations. Correct to assume?
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| # ? Jan 30, 2013 18:12 |
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This is why mental health records being an instant and non-negotiable dis-qualifier for firearms ownership is the worst. Talk to a lawyer and try and get it worked out - you sound like you're doing good now, and if so you deserve to have your rights intact.
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| # ? Jan 30, 2013 18:14 |
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hagie posted:I have a coworker who was asking me about if he could own with a 20-something year old felony record for selling crack. IANAL, but save for a pardon from the governor, pretty much.
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| # ? Jan 30, 2013 20:16 |
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P.S. STILL COMPLETELY DEVOID OF MERIT
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Guesticles posted:IANAL, but save for a pardon from the governor, pretty much. Depends on the state.
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| # ? Jan 30, 2013 20:22 |
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For reference: NC
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| # ? Jan 30, 2013 20:23 |
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Maybe it's for the best you don't get a gun, seems like a good law.
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| # ? Jan 30, 2013 21:31 |
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Baronjutter posted:Maybe it's for the best you don't get a gun, seems like a good law. Nothing like a lifetime of stigma to show those crazies and addicts their place. gently caress off.
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| # ? Jan 30, 2013 21:39 |
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Leopold N. Loeb posted:I was picked up almost 5 years ago here in Texas for PI, never paid the fine, and went to jail a year later for it(which shows up obviously as another PI charge}. So, that's two alcohol-related arrests in the last 5 years(until March). A person is disqualified from applying for a Texas CHL for 5 years after a misdemeanor conviction. Arrests are not convictions, and don't affect your eligibility in themselves. Deferred adjudication counts as a conviction. For gun ownership (not carry), if you're a convicted felon you're generally disqualified forever. If you're not, you're fine. Misdemeanors don't affect your right to purchase a firearm. I can't speak to the involuntary commitment thing. It's my understanding that it's complicated and you probably would want to consult an attorney with experience in the matter.
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| # ? Jan 30, 2013 22:09 |
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What about Texas' so-called "gun show" loophole, that allows for transfers between private citizens? Could I buy a gun and keep it in home, and still be within the law?
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| # ? Jan 31, 2013 00:28 |
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Leopold N. Loeb posted:What about Texas' so-called "gun show" loophole, that allows for transfers between private citizens? Could I buy a gun and keep it in home, and still be within the law? Talk to a Texas lawyer. That said if you are barred, and being involuntarily committed stands a good chance of doing that, trying to get around that is a crime, most likely a felony and will insure you never can have a gun.
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| # ? Jan 31, 2013 00:37 |
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Well yeah, I want to own a gun, but only legally.
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| # ? Jan 31, 2013 00:41 |
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Class C misdemeanors will not prevent you; PI is a class C misdemeanor and even if it does go to warrant and you go to jail your OK. Buying a gun face to face knowing you are not permitted to own one is a big no no. If you can not be in possession of a firearm you cant have one in your home. Felons who even live with someone who legally own one can land them in big trouble.
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| # ? Jan 31, 2013 00:48 |
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Leopold N. Loeb posted:What about Texas' so-called "gun show" loophole, that allows for transfers between private citizens? Could I buy a gun and keep it in home, and still be within the law? The relevant law is the Gun Control Act of 1968. It establishes a category of prohibited persons who are not allowed to "ship, transport, receive, or possess" firearms. So generally speaking if you can't lawfully buy from a store, you can't lawfully possess at all. Some googling seems to show that the NICS Improvement Amendments Act of 2007 provide a “relief from disabilities” program for people who had previously been adjudicated mentally incompetent. What it seems to amount to is that there's a hearing process you need to go through, probably in the state where you were committed. It looks complicated. I think you're probably gonna need actual legal advice from an attorney.
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| # ? Jan 31, 2013 01:01 |
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Captain von Trapp posted:For gun ownership (not carry), if you're a convicted felon you're generally disqualified forever. If you're not, you're fine. Misdemeanors don't affect your right to purchase a firearm. Correct me if I'm wrong, but I'm pretty sure a misdemeanor domestic violence conviction will permanently bar you from firearm possession. It's on the form, anyways. Doesn't sound like an issue for the OP though.
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| # ? Jan 31, 2013 05:10 |
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I am a Texas attorney primarily working in criminal law. I don't see anything that would prevent you from purchasing a firearm. You should be able to get your CHL as well, but he DPS will occasionally refuse to issue one and you have to appeal.you won't know until you apply. Generally we see that for pending violent crimes or stalking/terroristic threat/AFV/harassment.
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| # ? Jan 31, 2013 06:08 |
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Morris posted:Correct me if I'm wrong, but I'm pretty sure a misdemeanor domestic violence conviction will permanently bar you from firearm possession. It's on the form, anyways. Doesn't sound like an issue for the OP though. An assault family violence prevents you from owning, possessing, or transferring firearms or ammunition under federal law. Oddly, in Texas, under state law it is only a 5 year bar. Even an order in a divorce case can cause you to be in violation under U.S.C 922.
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| # ? Jan 31, 2013 06:11 |
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Absolut_V posted:I am a Texas attorney primarily working in criminal law. I don't see anything that would prevent you from purchasing a firearm. You should be able to get your CHL as well, but he DPS will occasionally refuse to issue one and you have to appeal.you won't know until you apply. Generally we see that for pending violent crimes or stalking/terroristic threat/AFV/harassment. This is great news! Thanks, I'll look into it.
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| # ? Jan 31, 2013 06:48 |
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Leopold N. Loeb posted:Hello everyone, first TFR post, scanned FAQs, etc, and found nothing. The biggest issue that I see is that you have been committed involuntarily to a mental institution. Under federal law, someone who has been involuntarily committed to a mental institution is prohibited from possessing any firearm or ammunition under 18 U.S.C. 922(g)(4). This is explained in greater detail in the comments section to question 11f on the 4473 Form. Under Texas law, you would likely be prohibited from getting a CHL. Texas Government Code Section 411.172, which covers eligibility for CHL, says in Subsection (a)(9) that to get a CHL the person must be "fully qualified under applicable federal and state law to purchase a handgun." Additionally, under subsection (d) a person can't get a CHL if a person is "incapable of exercising sound judgment with respect to the proper use and storage of a handgun" for psychological reasons. Subsection (e) says "the following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1): (1) involuntary psychiatric hospitalization;"* The good news is that the NICS Improvement Amendments Act of 2007 created a mechanism to restore the rights of some prohibited purchasers with mental health histories, which you may or may not qualify for. That said, it's hard to give advice based on a short paragraph of information. Before you attempt to purchase a firearm or get a CHL, my advice is to consult a Texas attorney. Of course, I'm not your attorney, so you should seek proper legal advice. *It used to be that only an involuntary psychiatric hospitalization in the last five years could disqualify you, but that section appears to have been amended in 2009 striking out the five year limitation. GamingHyena fucked around with this message at Jan 31, 2013 around 07:21 |
| # ? Jan 31, 2013 07:01 |
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Not having an avatar based on two psychopathic murderers who killed a 14 year old boy with a chisel would also be a good start.
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| # ? Jan 31, 2013 15:52 |
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Absolut_V posted:I am a Texas attorney primarily working in criminal law. I don't see anything that would prevent you from purchasing a firearm. You should be able to get your CHL as well, but he DPS will occasionally refuse to issue one and you have to appeal.you won't know until you apply. Generally we see that for pending violent crimes or stalking/terroristic threat/AFV/harassment. You don't think the Arizona involuntary committal would be an issue, or are you only addressing the criminal aspect?
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| # ? Jan 31, 2013 16:44 |
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LimburgLimbo posted:Not having an avatar based on two psychopathic murderers who killed a 14 year old boy with a chisel would also be a good start. Too lazy to Google, TL/DR?
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| # ? Jan 31, 2013 16:55 |
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Butch Cassidy posted:Too lazy to Google, TL/DR? Leopold and Loeb, two men who killed a kid, for kicks, the quintessential sentence them to death case. Clarence Darrow got the jury to spare them both.
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| # ? Jan 31, 2013 17:09 |
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gfanikf posted:Leopold and Loeb, two men who killed a kid, for kicks, the quintessential sentence them to death case. Clarence Darrow got the jury to spare them both. *Whoosh* I was too busy staring at the hammer for the username to click.
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| # ? Jan 31, 2013 17:12 |
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Butch Cassidy posted:*Whoosh* I was too busy staring at the hammer for the username to click. Yeah, I was thinking it was something most would miss when I saw it, so I never commented on it. Another effect of Leopold and Loeb was not making the lives of Jewish American's at the time any better. The case generated lots of widespread Antisemitism, not that either of them really deserved to live or were victims in any way.
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| # ? Jan 31, 2013 17:16 |
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Sounds like something stupid is going on here.
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| # ? Apr 12, 2013 20:19 |
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Yup. Like necromancing a 4 month old dead thread with a zero content comment.
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| # ? Apr 12, 2013 21:41 |
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 excuse me it's only been 3 1/2 months pal
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| # ? Apr 13, 2013 01:25 |
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fyad is leaking
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| # ? Apr 13, 2013 01:26 |
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Craptacular posted:fyad is leaking TFR should just leak back. (maybe not really)
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| # ? Apr 13, 2013 04:50 |
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| # ? May 26, 2013 01:45 |
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Leopold N. Loeb posted:What about Texas' so-called "gun show" loophole, that allows for transfers between private citizens? Could I buy a gun and keep it in home, and still be within the law? If you are disqualified from firearms ownership (i.e. felony conviction or misdemeanor sexual assault/stalking/restraining order) then no, no matter how you buy it it will still be an illegal possession.
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| # ? Apr 13, 2013 19:47 |
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