Deferred Adjudication

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sdwilson68
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Deferred Adjudication

Postby sdwilson68 » Thu May 04, 2017 12:18 pm

Good morning, hopefully I am posting in the correct location. I completed deferred adjudication for burglary of a habitat in 1993 and received my CHL in 2007. I moved to Florida shortly after and let it expire because I applied and received my Florida carry license and did not plan on moving back to Texas. I ended up moving back to Texas last year and I applied again for a Texas CHL and was denied because a change in the law in 2009 makes burglary of a habitat a violent crime and therefore I am ineligible. Does anyone know if this might be addressed in the 2017 legislation or any does anyone have any other advice for me? Feel naked without it.

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The Annoyed Man
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Re: Deferred Adjudication

Postby The Annoyed Man » Thu May 04, 2017 12:21 pm

Why not just convert your Florida license into a non-resident license, or apply for a non-resident Florida license if your old one is expired, and not worry about it?

Texas will recognize your non-resident Florida license: http://www.handgunlaw.us/states/florida.pdf
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AJSully421
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Re: Deferred Adjudication

Postby AJSully421 » Thu May 04, 2017 2:37 pm

You need to get that DA non-disclosed. Any lawyer can do it, cost starts at about $500.

Until then, your Fl license will work just fine.
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Re: Deferred Adjudication

Postby RossA » Thu May 04, 2017 3:03 pm

Even if the DA is non-disclosed, won't the state have access to it when doing a background check?
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Re: Deferred Adjudication

Postby ScottDLS » Thu May 04, 2017 3:11 pm

RossA wrote:Even if the DA is non-disclosed, won't the state have access to it when doing a background check?


Even if they did, it is no longer disqualifying.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


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Re: Deferred Adjudication

Postby treadlightly » Thu May 04, 2017 6:13 pm

ScottDLS wrote:
RossA wrote:Even if the DA is non-disclosed, won't the state have access to it when doing a background check?


Even if they did, it is no longer disqualifying.


Deferred adjudications are no longer disqualifying? Did that change this session?

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C-dub
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Re: Deferred Adjudication

Postby C-dub » Thu May 04, 2017 6:16 pm

ScottDLS wrote:
RossA wrote:Even if the DA is non-disclosed, won't the state have access to it when doing a background check?


Even if they did, it is no longer disqualifying.

This confuses me. If it is no longer disqualifying then why was the OP denied?
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Re: Deferred Adjudication

Postby ninjabread » Thu May 04, 2017 6:28 pm

I don't think Texas LTC eligibity for people convicted of home break-ins has very high legislative priority for most gun rights organizations or legislators. I think your best option is keeping your Florida license.
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ScottDLS
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Re: Deferred Adjudication

Postby ScottDLS » Thu May 04, 2017 7:27 pm

treadlightly wrote:
ScottDLS wrote:
RossA wrote:Even if the DA is non-disclosed, won't the state have access to it when doing a background check?


Even if they did, it is no longer disqualifying.


Deferred adjudications are no longer disqualifying? Did that change this session?


No. If it's "non-disclosed". Assume that means an order of non-disclosure, which like an expungement or pardon, makes the offense non-disqualifying.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


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Re: Deferred Adjudication

Postby thos25 » Wed Jun 21, 2017 12:54 am

This is an interesting topic and it seems to come up more often than you would think. I am always intrigued by the fact that the reclassifying of a crime can impact a person years after the fact. I read a story of a man on the east coast that had a misdemeanor simple assault charge from the mid 1960's. The maximum sentence at the time was something like 6 months. At some point in the mid 2000s the state he lived in reclassified it and it became a crime punishable by up to 2 years in jail, thus being enough to prohibit him from owning firearms despite it still not being a felony. He went into a gun store and filled out the BGC and was denied. This is also despite the fact that he had purchased numerous other guns throughout the years and always passed the BGC.

I firmly believe that a crime that was NOT disqualifying at the time of the offense should NOT be used to disqualify years after the fact. This is especially when it was a plea deal and not even a bench/jury trial. I would argue that my guilty plea was contingent upon the existing punishments at the time. Adding additional punishment (IE restricting the right to bear arms) years after the fact has altered my original agreement in such a way that I would have never pled in the first place. I don't know. It just seems unethical to me.

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Re: Deferred Adjudication

Postby AJSully421 » Wed Jun 21, 2017 2:50 am

Sorry to confuse...

So, a DA for Burglary of a Habitation is a permanent disqual for LTC purposes...

EXCEPT

If that DA has been nullified, vacated, set aside, or a whole long list of other words. Having a successfully completed DA be non-disclosed by a Judge's order removes that disqualification, making the person instantly eligible (so long as everything else is met).

Of course the state can still see the darn records, don't be ridiculous.

An order of non-disclosure does not erase it, and it does not hide it from state agencies like the DPS, it just removes the effects of that record from consideration for LTC eligibility. This is not something new as of 2017, or even 2015... this has been the case for a long while.

So, carry on a FL license, or get it non-disclosed.
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rm9792
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Re: Deferred Adjudication

Postby rm9792 » Fri Jun 23, 2017 2:14 am

I had a DA and did none of that. I just had to wait 10 years. He is well over 10 years. Did that change?


infoman
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Re: Deferred Adjudication

Postby infoman » Fri Jun 23, 2017 6:26 am

Burglary of Habitation is a permanent disqualifier, even if deferred adjudication. (So is Aggravated assault, Deadly conduct, Homicide, Injury to a Child, Robbery, etc.). The charges that fall under the 10 year window are non-violent related- like drug charges, financial charges, etc.


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