CHL Denial Question
Moderators: carlson1, Charles L. Cotton
CHL Denial Question
I was denied my CHL in Texas for an Class A misdemeanor arrested for an illigal id / drivers license. Im not familiar with the laws since im new comer. The way i read the law it seemed to mean class a and b violent or dui would cause a chl denial. My question is this is it any class a disqualifies you for a Texas CHL? I have since applied for a Florida C H L hopefully i will get my chl there. Any information will really be appreciated.
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Re: CHL Denial Question
Nov. 2017
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Re: CHL Denial Question
You have to wait five years after final disposition if you're convicted on A/B misdemeanor.
Re: CHL Denial Question
& yes- it’s any class A or B misdemeanor.
Re: CHL Denial Question
If you received probation, is 5 years from the end of the probation-not conviction date.
Re: CHL Denial Question
It’s 5 years from your disposition date, in other words the conviction date. (date of judgement). In cases where you get deferred adjudication- it’s the date you are give. Def Adj. NOT 5 years from when you ended your probation.
Re: CHL Denial Question
IANAL, but don’t think this is correct. I thought that “disposition” in this sense usually referred to the completion date of whatever the penalty is. The conviction or sentencing dates are usually not included in the disposition date.
For example, what if the penalty were greater than 5 years? It wouldn’t be logical to be able to acquire a LTC while still in the penalty phase or under probation, would it?
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NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
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Re: CHL Denial Question
I know I’m 100% correct on this. It’s 5 years from your judgement date. It’s not 5 years from when you completed your probation period.
Re: CHL Denial Question
I was denied the 1st time I applied because of the 1 year probation.
Re: CHL Denial Question
Infoman is correct. it is from the Judgement final disposition date, not the end of your probation period.
It is possible that the 1 year probation was a period where if you stayed clean for that period, then they completely expunged your record. In that case if you applied while inside the 1 year period they would show a pending charge, but once you were clean for that year then there would be noting on your record to cause you the denial. I have seen this scenario happen before.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Re: CHL Denial Question
Strange.... I was 'convicted' of my stupid misdemeanor 4/4/2011 was on probation until 4/4/2012, applied 12/2016 and they said I was denied because of the charge I received on 4/4/2012.
Maybe I should've appealed??????
It's ok-All is good now.
Not trying to debate it here. Just my experience.
Maybe I should've appealed??????
It's ok-All is good now.
Not trying to debate it here. Just my experience.
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Re: CHL Denial Question
Keith, are you sure? I'm genuinely curious.Keith B wrote: ↑Fri Jan 18, 2019 11:21 amInfoman is correct. it is from the Judgement final disposition date, not the end of your probation period.
It is possible that the 1 year probation was a period where if you stayed clean for that period, then they completely expunged your record. In that case if you applied while inside the 1 year period they would show a pending charge, but once you were clean for that year then there would be noting on your record to cause you the denial. I have seen this scenario happen before.
I have a friend who used to have a CHL. He plead guilty to a Class B (5 year disqualification) in order to receive deferred adjudication. This included 2 years probation. The disposition date is July, 2014. So he can apply again after July 2019 (5 years from disposition), or does he need to wait until July 2021 (5 years from probation ending)? Does the nature of the charge matter (it's not a permanent disqualified)? If so, I can ask and find out.
Re: CHL Denial Question
Yes, I am sure. A deferred adjudication in itself still shows up as such. What I was saying is there are cases where during the 'probation period' the charge shows on the search. If the probation period is completed successfully, then they go back and expunge the record totally so there is no record of any charges. So after the 1 year the guy would be clear to get a LTC if the record gets expunged or set-aside.RottenApple wrote: ↑Fri Jan 18, 2019 6:12 pmKeith, are you sure? I'm genuinely curious.Keith B wrote: ↑Fri Jan 18, 2019 11:21 amInfoman is correct. it is from the Judgement final disposition date, not the end of your probation period.
It is possible that the 1 year probation was a period where if you stayed clean for that period, then they completely expunged your record. In that case if you applied while inside the 1 year period they would show a pending charge, but once you were clean for that year then there would be noting on your record to cause you the denial. I have seen this scenario happen before.
I have a friend who used to have a CHL. He plead guilty to a Class B (5 year disqualification) in order to receive deferred adjudication. This included 2 years probation. The disposition date is July, 2014. So he can apply again after July 2019 (5 years from disposition), or does he need to wait until July 2021 (5 years from probation ending)? Does the nature of the charge matter (it's not a permanent disqualified)? If so, I can ask and find out.
In the case of your friend he would be eligible July 2019, 5 years from his disposition date.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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Re: CHL Denial Question
If the penalty was greater than 5 years it would be due to a felony. A class A misdemeanor in Texas is punishable by up to a year in jail and or up to $4,000.00 fine. A misdemeanor can be probated by up to 2 years.C-dub wrote: ↑Fri Jan 18, 2019 2:38 amIANAL, but don’t think this is correct. I thought that “disposition” in this sense usually referred to the completion date of whatever the penalty is. The conviction or sentencing dates are usually not included in the disposition date.
For example, what if the penalty were greater than 5 years? It wouldn’t be logical to be able to acquire a LTC while still in the penalty phase or under probation, would it?
Texas LTC Instructor, NRA pistol instructor, RSO, NRA Endowment Life , TSRA, Glock enthusiast (tho I have others)
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Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.
You will never know another me, this could be good or not so good, but it is still true.