new guy with a question :)

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Solaris
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Re: new guy with a question :)

Postby Solaris » Thu Mar 17, 2016 11:18 pm

thaidragon wrote:
Yes I understand that a conviction is a disqualifier, but isn't a successful completion of a deffered adjudication counts as a dismissal in federal regulations? At least that was my understanding. I could be wrong.


Correct.

Based on what you have posted, you can buy firearms.

However, under Texas LTC eligibility Law a Deferred is considered a conviction, and you need to wait 10 years after entered to apply. See 411.1711

http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf


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thaidragon
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Re: new guy with a question :)

Postby thaidragon » Thu Mar 17, 2016 11:23 pm

Solaris wrote:
thaidragon wrote:
Yes I understand that a conviction is a disqualifier, but isn't a successful completion of a deffered adjudication counts as a dismissal in federal regulations? At least that was my understanding. I could be wrong.


Correct.

Based on what you have posted, you can buy firearms.

However, under Texas LTC eligibility Law a Deferred is considered a conviction, and you need to wait 10 years after entered to apply. See 411.1711

http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf

I thought it was 5 years for a misdemeanor A.


Solaris
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Re: new guy with a question :)

Postby Solaris » Thu Mar 17, 2016 11:29 pm

thaidragon wrote:
Solaris wrote:
thaidragon wrote:
Yes I understand that a conviction is a disqualifier, but isn't a successful completion of a deffered adjudication counts as a dismissal in federal regulations? At least that was my understanding. I could be wrong.


Correct.

Based on what you have posted, you can buy firearms.

However, under Texas LTC eligibility Law a Deferred is considered a conviction, and you need to wait 10 years after entered to apply. See 411.1711

http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf

I thought it was 5 years for a misdemeanor A.


It is confusing, maybe I misread it.

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parabelum
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Re: new guy with a question :)

Postby parabelum » Fri Mar 18, 2016 2:01 am

thaidragon wrote:
parabelum wrote:I think your issue is DV, which as stated earlier is a permanent disqualifier in TX.

Have you looked into FL CHL?

I have not? Wouldn't they do a background check just like texas would? Or are they more lenient in the're checks?


Florida will, of course, conduct a background check, as will every State that does not have constitutional carry.
Eligibility requirements are below:

http://www.freshfromflorida.com/Divisio ... quirements

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baldeagle
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Re: new guy with a question :)

Postby baldeagle » Fri Mar 18, 2016 10:35 am

So many armchair lawyers, so little time.

The DPS has a FAQ for LTC.
http://dps.texas.gov/rsd/chl/faqs/

Relevant information:
21. If I received deferred adjudication for an offense, am I eligible for a Texas License to Carry a Handgun (LTC)?
Texas Government Code Chapter 411, Subchapter H states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of the order of deferred adjudication, you may not be eligible for a LTC. See GC §411.171 and §411.1711


So, unless your charge was dismissed, it's considered a conviction for purpose of eligibility for a Texas LTC.

24. Am I required to list all arrests on my application, even if the cases were dismissed or if I was found not guilty?
Yes. Applicants are required to report all arrests in order to ensure the background checks can be conducted timely. The application should include the year, the offense, the location and the final disposition. Copies of the dispositions will assist in the timely processing of your application. Applicants should also include information on cases that resulted in probation or deferred adjudication. Failure to provide any requested documentation could result in the termination of an application as incomplete.

So even an arrest with no conviction should be reported.

Texas Government Code SUBCHAPTER H. LICENSE TO CARRY A HANDGUN contains all the relevant information regarding eligibility. http://www.statutes.legis.state.tx.us/D ... GV.411.htm

Read it. That is the law so it won't be a "I think" or "I thought" or "I'm pretty sure".

(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.
(4-a) "Federal judge" means:

So, you need to confirm that your domestic violence conviction was dismissed. If it's deferred, you would have to wait ten years. (However, see below.)

Section 411.172 is the section on eligibility. Family violence (which is the legal term in Texas) is not even mentioned in that section. However, there's a catch.
(a) A person is eligible for a license to carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code, or of a felony under an information or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class B misdemeanor;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;
(9) is fully qualified under applicable federal and state law to purchase a handgun;


So, since NICS denied your purchase, that is your hangup. According to the NRA-ILA your problem appears to be this: Persons convicted in any court of a misdemeanor crime of domestic violence.

So, you need to address this issue first and foremost. If your deferred adjudication has not been dismissed. you won't be getting a firearm and you won't be getting a license. Federal law is a permanent bar to those with domestic violence convictions.

18 USC § 922(g) & (n)
Has a prior conviction for domestic assault - (Includes a prior conviction for any assault or
threatened use of a deadly weapon against a present or former spouse or partner or child or
guardian of any such person. The subject must have been entitled to a jury trial and been
represented by counsel in the prior proceeding or be shown to have waived those rights.);


You may have to hire a lawyer to get the dismissal, but that is the price you will have to pay to resolve the issue.
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms. James Madison
NRA Life Member Texas Firearms Coalition member

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WildBill
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Re: new guy with a question :)

Postby WildBill » Fri Mar 18, 2016 10:56 am

thaidragon wrote:
WildBill wrote:
thaidragon wrote:http://concealedcarryaustin.com/texas-law-shield-newsletter/

The reason why I asked is because I read this article right here.

I read that, but I don't think it is complete.
As far as I know a DV conviction is a permanent bar for ownership of a firearm per Federal Law.
This is surprising to me since they have lawyers on staff and IANAL.

See link https://www.justice.gov/usam/criminal-r ... -convicted


Yes I understand that a conviction is a disqualifier, but isn't a successful completion of a deffered adjudication counts as a dismissal in federal regulations? At least that was my understanding. I could be wrong.

Part of the eligibility requirements for the LTC is to be legally allowed to possess a firearm by both state and federal law.
The federal DV act calls for a permanent ban to ownership of firearms for those convicted of a misdemeanor DV charge so the state deferred adjudication is irrelevant.
IANAL but that is my understanding. See the last paragraph in Baldeagle's preceding post. :tiphat:
NRA Endowment Member


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thaidragon
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Re: new guy with a question :)

Postby thaidragon » Fri Mar 18, 2016 11:10 am

Ok thanks for the input guys. I will most likely have to find an attorney to help me with this one.


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thaidragon
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Re: new guy with a question :)

Postby thaidragon » Sat Sep 24, 2016 5:55 pm

Just wanted to let everyone know i did receive my chl. Thanks for all of everyone's input amd help.

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AJSully421
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Re: new guy with a question :)

Postby AJSully421 » Sat Sep 24, 2016 7:42 pm

thaidragon wrote:Just wanted to let everyone know i did receive my chl. Thanks for all of everyone's input amd help.


Good work, Welcome!

As a side note to the others... never take a plea deal if you did not do it. It may seem like the best way out at the time, but the problems that it will cause in the future are terrible. If you are innocent, fight to the death.
"The trouble with our liberal friends is not that they're ignorant, it's just that they know so much that isn't so." - Ronald Reagan, 1964

30.06 signs only make criminals and terrorists safer.


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