Can I have a gun if I plea to my Assault Family Member case?

If you are facing an assault family member charge and are considering a plea to deferred adjudication communication supervision, you may be wondering whether this will prevent you from having a gun.

First of all, during the time you are on community supervision, the Judge can make it a condition of your community supervision that you can not have a gun. And, in fact, it is common for Judges to make that a condition of community supervision. If the Judge orders that condition, that means you could have your community supervision revoked if the State is able to show the Judge that you were in possession of a firearm. But if the Judge does not include that provision, does pleading to an Assault Family Member make it illegal for you to have a gun?

The answer is likely no. This is because a plea to deferred adjudication community supervision is generally not a conviction, unless there is a specific statute stating otherwise. (Texas Code of Criminal Procedure 42A.111). Also, the federal statutes that bar someone with a misdemeanor domestic violence conviction or felony conviction from having a firearm state that what counts as a conviction of such a crime is determined by the law of the State of the conviction. 27 CFR § 478.11. Since a deferred adjudication community supervision is not considered a conviction generally in Texas law, it would not count as a conviction for barring having a gun under federal law either.

But, there are always exceptions and other circumstances that might make still make having a gun illegal. For example, if you are currently subject to a family violence protective order, you still cannot have a gun under both Texas and federal law. And laws can change at any time. To really know whether your particular plea will prevent you from having a gun and what your risks are, you need to talk to a qualified attorney. Criminal Defense Attorney Aaron Chapman would be happy to help you if you are charged in Harris or Montgomery County Texas, or any of the nearby counties.