Has anywone been denied?

MadDawg · Post by **MadDawg** » Mon Oct 16, 2006 3:47 pm

I'm curious if anyone knows of or has been denied a CHL when trying to get a there CHL based on the GC 411.1711 even if they qualified. Meaning you meet the 411.1711 rule, but was denied anyway?

Without any specifics due to tremendous embarrusment to myself, I got 2 Deffered Adjudications over 14 years ago. Both have been sucessfully done and I have been clean as a wistle ever since. Just this year I saw that I could qualify, but even thought it clearly says I qualify, I'm still nervous and kind of delaying my sending in the paperwork. I even spoke to the Legal at the DPS office. Anyway, was looking for case senarios were someone was denied even though they meet the requirments of 411.1711

Thanks,

MadDawg

txinvestigator · Post by **txinvestigator** » Mon Oct 16, 2006 4:07 pm

MadDawg wrote:I'm curious if anyone knows of or has been denied a CHL when trying to get a there CHL based on the GC 411.1711 even if they qualified. Meaning you meet the 411.1711 rule, but was denied anyway?

Without any specifics due to tremendous embarrusment to myself, I got 2 Deffered Adjudications over 14 years ago. Both have been sucessfully done and I have been clean as a wistle ever since. Just this year I saw that I could qualify, but even thought it clearly says I qualify, I'm still nervous and kind of delaying my sending in the paperwork. I even spoke to the Legal at the DPS office. Anyway, was looking for case senarios were someone was denied even though they meet the requirments of 411.1711

Thanks,

MadDawg

411.1171 states that A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for an offense
under Title 5, Penal Code, or Chapter 29, Penal Code.

That means if your charges were not ;

TITLE 5. OFFENSES AGAINST THE PERSON

19.02. Murder.
19.03. Capital murder.
19.04. Manslaughter.
19.05. Criminally negligent homicide.
20.02. UNLAWFUL RESTRAINT
20.03. KIDNAPPING
20.04. AGGRAVATED KIDNAPPING
20.05. UNLAWFUL TRANSPORT
20A.02. TRAFFICKING OF PERSONS
21.06. HOMOSEXUAL CONDUCT
21.07. PUBLIC LEWDNESS
21.08. INDECENT EXPOSURE
21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT
21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING
22.01. ASSAULT
22.011. SEXUAL ASSAULT
22.015. COERCING, SOLICITING, OR INDUCING GANG MEMBERSHIP
22.02. AGGRAVATED ASSAULT
22.021. AGGRAVATED SEXUAL ASSAULT
22.04. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL
22.041. ABANDONING OR ENDANGERING CHILD
22.05. DEADLY CONDUCT
22.07. TERRORISTIC THREAT
22.08. AIDING SUICIDE
22.09. TAMPERING WITH CONSUMER PRODUCT
22.10. LEAVING A CHILD IN A VEHICLE
22.11. HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL FACILITIES; HARASSMENT OF PUBLIC SERVANT.

or

29.02. ROBBERY
29.03. AGGRAVATED ROBBERY

then, since you were deferred and it has been more than 10 years they ARE NOT convictions. If they are not convictions then they do not make you ineligible. If you are elligible, the DPS MUST issue the license, as we are a shall issue state;

Texas Government Code
Â§411.177. Issuance or denial of license.

(a) The department shall issue a license to carry a concealed
handgun to an applicant if the applicant meets all the eligibility
requirements and submits all the application materials.

ElGato · Post by **ElGato** » Mon Oct 16, 2006 4:22 pm

If you meet the eligibility requirements the license should be issued.

MadDawg · Post by **MadDawg** » Mon Oct 16, 2006 9:27 pm

Appriciate the clarifications. Two deferred cases and neither of which involves none of the above disqualifying catagories, and its been over 10 years on both in terms of time. I know I qualify, but still nervous about it all. I'm waiting from the county clerks offices to send me court docs so I can send it in with my app. Will take at least a week to get them. Then I begin the long wait biting my nails nervously.

Thanks,

MadDawg

Roger Howard · Post by **Roger Howard** » Tue Oct 17, 2006 3:24 am

MadDawg wrote:Appriciate the clarifications. Two deferred cases and neither of which involves none of the above disqualifying catagories, and its been over 10 years on both in terms of time. I know I qualify, but still nervous about it all. I'm waiting from the county clerks offices to send me court docs so I can send it in with my app. Will take at least a week to get them. Then I begin the long wait biting my nails nervously.

Thanks,

MadDawg

Being a shall issue state you shouldn't have a problem. Run it up the flag pole and see if someone salutes.

IcheeWaWa · Post by **IcheeWaWa** » Wed Oct 18, 2006 2:43 pm

I have a deferred adjudication from 17 years ago and I was issued a license. I would suggest you look yourself up on publicdata.com and see what DPS has on file for you. In my case, I had to submit certified documents to DPS that showed my DA had been completed. The court never took the initiative to update my record.

bevans · Post by **bevans** » Thu Oct 19, 2006 7:12 pm

i feel for you ,i am in the same boat,i qualify by the terms of the state but i still have this feeling in the pit of my stomache . i have 3 misd. from 17 yrs ago and was worried but according to the rules i qualify. i sent my packet off 2 weeks ago and i am waiting, good luck and the people on this forum are first class so they wouldnt try to give you bad info .

TexasCHLforum.com

Has anywone been denied?

Has anywone been denied?

Re: Has anywone been denied?

i know how u feel maddawg