CHL Eligibility? 2016

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ScottDLS
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Re: CHL Eligibility? 2016

#16

Post by ScottDLS »

amtank wrote:
thecico3 wrote:So if i get it sealed or expunged then i'm set? Or do i have to do that and THEN wait 5 years? ...this really sucks
As was already said save yourself the hassle and headache and get an Arizona CHL.
I HAD to say it.... beware of GFSZA..... :evil2:
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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Keith B
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Re: CHL Eligibility? 2016

#17

Post by Keith B »

amtank wrote:
thecico3 wrote:So if i get it sealed or expunged then i'm set? Or do i have to do that and THEN wait 5 years? ...this really sucks
As was already said save yourself the hassle and headache and get an Arizona CHL.
Maybe he wants a resident LTC? Out of state non-resident licenses are not all they are cracked up to be. Many states do not honor non-resident licenses, but honor a resident license.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4

Solaris
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Re: CHL Eligibility? 2016

#18

Post by Solaris »

thecico3 wrote: Postby baldeagle » Mon Nov 15, 2010 7:58 pm
According to Charles Cotton, who is the founder of this forum and a respected lawyer and gun advocate, "Succesfully completed deferred adjudication is not a "conviction" for NICS purposes. You should be fine for both NICS checks and for your CHL."
NICS no, CHL yes.

eta

OK so I could not believe he got that wrong so I googled up that quote and it was in response to a person whose DA was over 12 years old. So that answer is correct for that specific person and not a general answer for any DA. It should not be repeated without the full context of the question it was an answer to.
Last edited by Solaris on Sun Feb 07, 2016 5:16 pm, edited 4 times in total.
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Jusme
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Re: CHL Eligibility? 2016

#19

Post by Jusme »

thecico3 wrote:Yes in Texas, and i Didn't get deferred on a felony, It was reduced to a Misdemeanor THEN along with the other misdemeanor i was put on deferred probation, and the reason i got unlawful carrying is because the law states if committing any other crime WHILE in possession of my weapon (list of weapons) i can be slapped with that.... and i was never convicted remember... it was dismissed

(If you receive straight probation, you are convicted of the crime with which you are charged. If you receive deferred adjudication probation, you are not convicted (for purposes of Texas criminal law) unless you violate your probation.)
You must have had the worst lawyer ever!! Sounds like they really had no case on either charge and just were hoping you to plea it down. I hope everything works out but you may have to retain an attorney to get all of this worked out. More money spent but if you can get everything totally expunged it will be worth it.
Take away the Second first, and the First is gone in a second :rules: :patriot:

amtank
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Re: CHL Eligibility? 2016

#20

Post by amtank »

ScottDLS wrote:
amtank wrote:
thecico3 wrote:So if i get it sealed or expunged then i'm set? Or do i have to do that and THEN wait 5 years? ...this really sucks
As was already said save yourself the hassle and headache and get an Arizona CHL.
I HAD to say it.... beware of GFSZA..... :evil2:
Hurrah for the Constitution. That 9th and 10th amendment is a pain.
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Ryan
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Re: CHL Eligibility? 2016

#21

Post by Ryan »

casp625 wrote:
thecico3 wrote:So if i get it sealed or expunged then i'm set? Or do i have to do that and THEN wait 5 years? ...this really sucks
You would not have to wait if sealed or expunged and could proceed immediately. However, I think you have to list the arrest to DPS if it's sealed with the disposition stating it's sealed. If expunged, I believe you can deny the incident occurred at all unless you are testifying in court in which you just say the incident was expunged.

Someone correct me if I am wrong with disclosing a sealed vs expunged record.
I had a crime that had been expunged and I listed it. Because it was expunged I wasn't fearful that it would cause me to not get the license... but if they find out about it, they will ask for more information from you. And this will delay your application. And since it takes forever to get your license anyway, I wouldn't want to do anything that would delay it further. Your call though. When I asked everyone before I sent it my application, everyone I talked to said to list EVERYTHING you've ever gotten in trouble for. Your call man, and good luck!

midnight 6207
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Re: CHL Eligibility? 2016

#22

Post by midnight 6207 »

Found this article today in concealedcarryaustin.com

It is a from part of a TX Law Shield News Letter.
The News Letter is titled "When Do I Lose My Gun Rights?" The news letter is long and informative. This portion pertains to your question
Hope it answers your question

"A Class A, Class B, or Class C misdemeanor conviction or deferred adjudication will not prohibit a person’s purchase or possession of firearms, excepting findings of family violence as outlined above. Although a misdemeanor conviction or deferred adjudication will not affect their firearms rights, it could impair their ability to obtain a Texas CHL.
Any conviction or deferred adjudication for a Class A or Class B misdemeanor, or a Class C charge of disorderly conduct will disqualify a person from obtaining a CHL or suspend their CHL for five years."

infoman
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Re: CHL Eligibility? 2016

#23

Post by infoman »

You're disqualified for 5 years, from the judgement/sentence date.
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