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Ely
Ely, Counselor at Law
Category: Criminal Law
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An acquaintance of mine recently wanted to purchase a handgun

Resolved Question:

An acquaintance of mine recently wanted to purchase a handgun in his state of Texas. The gun shop ran the normal background check and it came back denied. Indiviual asked me about I and I told him that as they run your name, ssn and drivers lisc # XXXXX there is any red flags they stop it. He says that there might be a traffic ticket and admits that he is severe arrears on child support.
With that info as background is he committing any crime if he has a gun / guns that he had previously purchased prior to this or that were given to him or his wife? If so then what action , if any should he take. I really do need specifics as to when he needs to do or eve if he has or is committing any crime
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a slight delay between your follow ups and my replies as I reply.

I am sorry about your friend's situation.

He says that there might be a traffic ticket and admits that he is severe arrears on child support.

The traffic ticket is not enough to have the hand-gun license denied. However, being in arrears over child support is, I am afraid. The Concealed Handgun law states an application for a CHL may be denied for individual finally determined to be delinquent in child support obligations. GC §411.172(10).

Ergo, his arrears are likely what is keeping him from qualifying, based on what you have told me.

If so then what action , if any should he take.

Since this is based on his arrears, what someone in his situation would have to do is:
(1) become current with child support; or
(2) come to an agreement with the other parent that if he pays a lump sum, she will drop the rest of the arrears (often, this works). If she agrees, a joint motion may be filed in Court to reflect this agreement and then the state would void the arrears record and he can qualify for the license.

Note - this is state law, not federal law. If he were to live in another state, not all states consider child support arrears before granting the license.

Surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86332
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


Individual was not appling for a carry permit but rather a purchase permit. Him ever getting caught up to date on Child support is, knowing him, probably not going to happen in his life time. But my question was more to whether or not he has/ is breaking any law by having a gun in his posession NOT on him but in his house..... This is why i specifically asked IF he was breaking any laws @ regarding having a gun/ guns,

Expert:  Ely replied 1 year ago.
Charles,

Thank you for your follow up.

Individual was not appling for a carry permit but rather a purchase permit.

In Texas, there is no purchase permit. There is only the carry permit (CHL). However, most gun shops will run a background check before purchase anyhow. I guess this is what happened here.

But my question was more to whether or not he has/ is breaking any law by having a gun in his posession NOT on him but in his house.....

Apologies for any misunderstanding.

No a CHL is a license to carry a concealed handgun, but it is not needed per se to buy or possess legal firearms. However, the gun shop owner will not sell to anyone who cannot clear a CHL license. So while you do not need a CHL license to purchase the gun, the gun owner will not sell the gun to you if their background check comes back with anything that may prevent you from receiving the CHL in the future. Most gun shops will not sell you a gun without that background check coming back clean.

However, if you can obtain a gun via a gun shop, it is not illegal to possess it at home. This person can do so. They simply may not be able to get the license to conceal-carry.

Again, surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my and please do not punish me for being honest.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Customer: replied 1 year ago.


Right! gun shop can not legally sell to a person who's background check came back negative. That we agree on. And If he legally purchased a gun at a gun shp then he can legally have that gun at home BUT not carry unless he has a CHL.. We agree on that.


 


BUT the question still remains as to whether or not he can still legally posess a weapon at home even though he was NOT able to purchase a gun thru a gun shop due to background check failing.. I do know that he would be commiting a crime if he was given a gun by ANYONE after he failed the background check... BUT what about weapons he or then had prior to his failing the background check... That is where my understanding of the law is blank! More complicated than first expected but it goes back to my original question.

Expert:  Ely replied 1 year ago.
Right! gun shop can not legally sell to a person who's background check came back negative. That we agree on. And If he legally purchased a gun at a gun shp then he can legally have that gun at home BUT not carry unless he has a CHL.. We agree on that.

Correct.

BUT the question still remains as to whether or not he can still legally posess a weapon at home even though he was NOT able to purchase a gun thru a gun shop due to background check failing

YES, he can. However, de facto, he is generally unable to because no gun shop owner would sell him a gun if he cannot clear the background check that 95% of gun shop owners would run. Now, he can try to find a gun shop owner to overlook that, but this would be hard to do.

BUT what about weapons he or then had prior to his failing the background check... That is where my understanding of the law is blank! More complicated than first expected but it goes back to my original question.

If he had the gun before, then it is perfectly legal for him to have it now. He simply cannot conceal carry without a CHL that he cannot get. But since he already has the gun, and does not have to buy it (which would mean running into the background check), no law prevents him from continuing possession of it!

SO IF HE ALREADY HAS IT, he can continue to possess it. Again, Texas does not have a possession license, only a conceal carry license. It is just by operation of law, someone who would fail a CHL check is likely to be unable to purchase the gun to begin with. But if your friend already has the gun, then it is no problem.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Customer: replied 1 year ago.


Although it was not as cut and dried as it might first seem your final reply was exactly as i felt the law to be but i wanted to make more sure of how it was. Thanks

Expert:  Ely replied 1 year ago.
My pleasure, Charles, good luck.

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