May 23, 2016

Asked 5/20/2016 – Tyler, TX

I want to know if I can get a gun in Texas while I’m on probation for a class B misdemeanor for theft. I switched prices on price tags at Walmart and got a class A misdemeanor for fraud which got dropped and deferred adjudication for the class B I’m off probation in 3 months but I was just curious if I could buy one just for protection because I’m a 5’1, 99 lb woman that works night shifts in a hospital. It doesn’t say anything in my paper work that says I can’t. I just don’t want to be embarrassed at academy if it pops up.

Answer

Review your probation order. There is no statutory prohibition on you purchasing a gun while on probation for a fraud charge, but the court can place whatever conditions of probation as the Judge deems fit. For example, I just had a client placed on deferred adjudication for class b misdemeanor possession of marijuana where he was prohibited from possessing a firearm during probation; Judge’s condition.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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