Elegibility

BrassMonkey · Post by **BrassMonkey** » Wed Apr 18, 2007 3:58 pm

Quick Question.

If you pass a NICS check at an FFL instantly, are you clear for the CHL Check?

dpatterson · Post by **dpatterson** » Wed Apr 18, 2007 4:10 pm

From past experience, No.

It seems that the CHL check is much more in depth. They find everything... But also from experience once they find it, its on the NCIS report as well.

DP

Idjut · Post by **Idjut** » Wed Apr 18, 2007 5:03 pm

Monkey,

Anonymous and all, tell us what your concern is. I myself have a juvenile record that I automatically thought barred me from a CHL, but some of the knowledgeable folks here don't think I will have a problem. Of course my application is being processed, so we'll see how it turns out.

BrassMonkey · Post by **BrassMonkey** » Wed Apr 18, 2007 5:51 pm

Bad check in Florida long time ago. 4 seperate charges. 1 Florida calls a felony Class C. Withheld Adjududication 10 years 14 days ago. My reading of the 1711 statute tells me I am not disqualified. Purchased a new Kimber on Tuesday as a carry piece. I do nto think I will have a problem, just wondering if I could interpret a NICS approval as a definite.

txinvestigator · Post by **txinvestigator** » Wed Apr 18, 2007 8:00 pm

BrassMonkey wrote:Bad check in Florida long time ago. 4 seperate charges. 1 Florida calls a felony Class C. Withheld Adjududication 10 years 14 days ago. My reading of the 1711 statute tells me I am not disqualified. Purchased a new Kimber on Tuesday as a carry piece. I do nto think I will have a problem, just wondering if I could interpret a NICS approval as a definite.

What is the potential punishment for that felony?

BrassMonkey · Post by **BrassMonkey** » Wed Apr 18, 2007 8:07 pm

For a felony of the third degree, by a term of imprisonment not exceeding 5 years. - Meets Texas Standard for a Felony 3.

I think I am clear since adjudication was withheld and the final disposition date was over 10 years ago as defined in the below:

GC Â§411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. 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.

txinvestigator wrote:
BrassMonkey wrote:Bad check in Florida long time ago. 4 seperate charges. 1 Florida calls a felony Class C. Withheld Adjududication 10 years 14 days ago. My reading of the 1711 statute tells me I am not disqualified. Purchased a new Kimber on Tuesday as a carry piece. I do nto think I will have a problem, just wondering if I could interpret a NICS approval as a definite.
What is the potential punishment for that felony?

txinvestigator · Post by **txinvestigator** » Wed Apr 18, 2007 8:16 pm

BrassMonkey wrote:For a felony of the third degree, by a term of imprisonment not exceeding 5 years. - Meets Texas Standard for a Felony 3.

I think I am clear since adjudication was withheld and the final disposition date was over 10 years ago as defined in the below:

GC Â§411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. 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.

txinvestigator wrote:
BrassMonkey wrote:Bad check in Florida long time ago. 4 seperate charges. 1 Florida calls a felony Class C. Withheld Adjududication 10 years 14 days ago. My reading of the 1711 statute tells me I am not disqualified. Purchased a new Kimber on Tuesday as a carry piece. I do nto think I will have a problem, just wondering if I could interpret a NICS approval as a definite.
What is the potential punishment for that felony?

You seem to be good for a Texas CHL. Go get it!!

BrassMonkey · Post by **BrassMonkey** » Wed Apr 18, 2007 8:19 pm

Kewlness... :-) Can't hurt to triple check :-)