The armed militia member who was shot at by a border patrol agent last week is a convicted felon.

Rio Grande Valley TV station KRGV reported Wednesday that records show the man, John Frederick Forester, has misdemeanor convictions for theft and trespassing and a felony conviction for burglary.

Forester was violating federal statutes, then, when a border patrol agent who was chasing a group of immigrants last Friday in Brownsville, Texas spotted him holding a gun.

Texas law, however, allows a felon to possess a gun after five years have elapsed since his or her release from prison. Forester was not in violation of state law, according to KRGV.

An unnamed commander for Forester’s militia group told the news station that the group only checks to see if applicants are on probation or parole. He also accused the border patrol agent of opening fire on Forester before identifying himself and said the militia was contemplating legal action against both federal and sheriff’s officials over the incident.

“I’m still going to be out there. I’m still going to be vigilant,” Forester told KRGV Sunday, before the news station learned of his criminal history. “I might be a little louder towards the agents so that they know that I’m there. I might even put a red strobe light on my forehead so that they can see. I’m not leaving.”

The agent fired four shots at Forester but didn’t hit him. Forester was not arrested during the incident.

Cameron County sheriff officials told KRGV that the FBI is now handling an investigation into the matter.