CCW vs. felony charge

[jgreen]

New to the site, I'm a married, 27 with 2 kids and one on the way.

10 years ago I plead guilty to a class B felony, a stupid teenage mistake. No violence, weapons or drugs/alcohol were involved. I believe it was "adjudicated" to where it will always be on my record. I was told it could not be expunged.

I'd like to be able to obtain my CCW permit. I travel across the U.S. as an electrician and find myself AND family in some pretty tough situations.

What can I do, if anything to regain my right to carry a firearm?
I am a law abiding citizen and want to do this the legal way, and I feel that I should have the right to practice those rights.

I can't even hunt or will never be able to take my kids hunting because of the fear of "unlawfully carrying a firearm"

By law, the best I understand I am not allowed to even be in reach of a firearm for any purpose. I could understand this if I shot someone or beat them or was a criminal but I just made a stupid mistake , a rebellious teenager.
Please send advice. Thanks.
Jeromy

[txinvestigator]

New to the site, I'm a married, 27 with 2 kids and one on the way.

10 years ago I plead guilty to a class B felony, a stupid teenage mistake. No violence, weapons or drugs/alcohol were involved. I believe it was "adjudicated" to where it will always be on my record. I was told it could not be expunged.

I'd like to be able to obtain my CCW permit. I travel across the U.S. as an electrician and find myself AND family in some pretty tough situations.

What can I do, if anything to regain my right to carry a firearm?
I am a law abiding citizen and want to do this the legal way, and I feel that I should have the right to practice those rights.

I can't even hunt or will never be able to take my kids hunting because of the fear of "unlawfully carrying a firearm"

By law, the best I understand I am not allowed to even be in reach of a firearm for any purpose. I could understand this if I shot someone or beat them or was a criminal but I just made a stupid mistake , a rebellious teenager.
Please send advice. Thanks.
Jeromy

What state was that in?

[frankie_the_yankee]

If you can't get it expunged, I can see no way to a CHL. Under TX law, you MAY be able to possess one, though you couldn't buy it from an FFL. (The NICS check will flag you.) But I think someone could hand you one to hunt or target shoot with.

Possibly, you might be able to legally buy a gun here in TX via a private sale.

But I'm not sure.

Get some more legal advice. Expungement is a complex field. They may be a way to do it that whoever you consulted was not aware of.

I wish you luck.

[jgreen]

New to the site, I'm a married, 27 with 2 kids and one on the way.

10 years ago I plead guilty to a class B felony, a stupid teenage mistake. No violence, weapons or drugs/alcohol were involved. I believe it was "adjudicated" to where it will always be on my record. I was told it could not be expunged.

I'd like to be able to obtain my CCW permit. I travel across the U.S. as an electrician and find myself AND family in some pretty tough situations.

What can I do, if anything to regain my right to carry a firearm?
I am a law abiding citizen and want to do this the legal way, and I feel that I should have the right to practice those rights.

I can't even hunt or will never be able to take my kids hunting because of the fear of "unlawfully carrying a firearm"

By law, the best I understand I am not allowed to even be in reach of a firearm for any purpose. I could understand this if I shot someone or beat them or was a criminal but I just made a stupid mistake , a rebellious teenager.
Please send advice. Thanks.
Jeromy

What state was that in?

TX

[txinvestigator]

New to the site, I'm a married, 27 with 2 kids and one on the way.

10 years ago I plead guilty to a class B felony, a stupid teenage mistake. No violence, weapons or drugs/alcohol were involved. I believe it was "adjudicated" to where it will always be on my record. I was told it could not be expunged.

I'd like to be able to obtain my CCW permit. I travel across the U.S. as an electrician and find myself AND family in some pretty tough situations.

What can I do, if anything to regain my right to carry a firearm?
I am a law abiding citizen and want to do this the legal way, and I feel that I should have the right to practice those rights.

I can't even hunt or will never be able to take my kids hunting because of the fear of "unlawfully carrying a firearm"

By law, the best I understand I am not allowed to even be in reach of a firearm for any purpose. I could understand this if I shot someone or beat them or was a criminal but I just made a stupid mistake , a rebellious teenager.
Please send advice. Thanks.
Jeromy

What state was that in?

TX

Texas has no "B" felonies. What was the charge?

[KRM45]

There is no such thing as a "Class B felony" in Texas. If it was a Class B Misdemeanor and it was not a crime of domestic violence you should be ok to get a CHL.

I would suggest you go back to the court and retrieve a record of exactly what the charges were and the disposition.

[jgreen]

If you can't get it expunged, I can see no way to a CHL. Under TX law, you MAY be able to possess one, though you couldn't buy it from an FFL. (The NICS check will flag you.) But I think someone could hand you one to hunt or target shoot with.

Possibly, you might be able to legally buy a gun here in TX via a private sale.

But I'm not sure.

Get some more legal advice. Expungement is a complex field. They may be a way to do it that whoever you consulted was not aware of.

I wish you luck.

I guess my biggest concern is that I want to be legal, sure anyone could hand me one but if I'm not mistaken not only can i get into trouble for possesing one but they could also get into trouble for knowingly handing over a firearm to a convicted felon.
I just want to be able to go to gun shows, buy a gun if I like it, go to a shooting range or hunting and not worry about "getting caught with it" and going straight to jail because of my previous conviction.
I want to do it legal but heck if they won't let me then I have no choice, I will keep one at home, the world is too crazy nowadays not too, just becuase I was stupid 10 years ago I can't carry a firearm to protect myself but some thug can?

Sorry for the rant, and it was NOT directed to you.
Thanks.

[srothstein]

I don't see a way to get a CHL, but there is one way to be able to buy and carry a firearm for hunting, at least.

If you contact the Board of Pardons and Paroles, you can apply for a restoration of civil rights. You need to have completed the sentence, no more convictions, at least 3 years since the completion of the sentence, and file the application. It is a form of pardon that leaves the conviction on your record but allows you to vote and buy guns and such. I don't know how that would apply to getting a CHL.

Hope that helps a little bit.

[jgreen]

New to the site, I'm a married, 27 with 2 kids and one on the way.

10 years ago I plead guilty to a class B felony, a stupid teenage mistake. No violence, weapons or drugs/alcohol were involved. I believe it was "adjudicated" to where it will always be on my record. I was told it could not be expunged.

I'd like to be able to obtain my CCW permit. I travel across the U.S. as an electrician and find myself AND family in some pretty tough situations.

What can I do, if anything to regain my right to carry a firearm?
I am a law abiding citizen and want to do this the legal way, and I feel that I should have the right to practice those rights.

I can't even hunt or will never be able to take my kids hunting because of the fear of "unlawfully carrying a firearm"

By law, the best I understand I am not allowed to even be in reach of a firearm for any purpose. I could understand this if I shot someone or beat them or was a criminal but I just made a stupid mistake , a rebellious teenager.
Please send advice. Thanks.
Jeromy

What state was that in?

TX

Texas has no "B" felonies. What was the charge?

Burglary of a building (business) I was sentenced to 2 years state jail but it was suspended over 5 years probation. I served probation satisfactorily and paid all fines, even got off of probation a year early to enlist in the military, but after doing so the Marines would not accept me because of my conviction, after they told me they could.

[kauboy]

From the Penal code, it looks like that classifies as a "state jail felony". What that really means, and what implications it has on your CHL potential, I have no idea. But it is indeed a felony. Not of the first or second degree, but a felony it is.

§ 30.02. BURGLARY. (a) A person commits an offense if,
without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion
of a building) not then open to the public, with intent to commit a
felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony,
theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or
attempts to commit a felony, theft, or an assault.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
(c) Except as provided in Subsection (d), an offense under
this section is a:
(1) state jail felony if committed in a building other
than a habitation; or
(2) felony of the second degree if committed in a
habitation.
(d) An offense under this section is a felony of the first
degree if:
(1) the premises are a habitation; and
(2) any party to the offense entered the habitation
with intent to commit a felony other than felony theft or committed
or attempted to commit a felony other than felony theft.

[jgreen]

I don't see a way to get a CHL, but there is one way to be able to buy and carry a firearm for hunting, at least.

If you contact the Board of Pardons and Paroles, you can apply for a restoration of civil rights. You need to have completed the sentence, no more convictions, at least 3 years since the completion of the sentence, and file the application. It is a form of pardon that leaves the conviction on your record but allows you to vote and buy guns and such. I don't know how that would apply to getting a CHL.

Hope that helps a little bit.

Funny thing is I voted this last time around, or at least I think I did........I registered and voted by mail(out of town working). If I can hunt without worry or have one in my glovebox/console/home without worry I'm fine.


One more question, kinda off suject...........The new bill passed by Perry allowing self defense without retreat in home/work or vehicle..........how would that apply to someone like me?
In other words if someone broke into my home now endangering my family.......would I have the right to use deadly force if it was truly in self defense? If they had one pulled or was trying to sexually assault my wife, or kidnap my kids?
Without a doubt I'll use deadly force legal or not, if ever found in that situation, but I'd rather be legal to posess in the meantime.

[txinvestigator]

That appears it was a State Jail Felony, max possible punishment 2 years. Unfortunately, unless you can do as srothstein suggested you cannot possess a firearm under Texas law, except at your residence.

Texas Penal Code
§46.04. Unlawful possession of firearm.

(a) A person who has been convicted of a felony commits an
offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the
person's release from confinement following conviction of the felony
or the person's release from supervision under community supervision,
parole, or mandatory supervision, whichever date is later; or

(2) after the period described by Subdivision (1), at any
location other than the premises at which the person lives.


According to the ATF website;

Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]


Yes, a person who –

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

http://www.atf.gov/firearms/faq/faq2.htm#b1

[jgreen]

I don't see a way to get a CHL, but there is one way to be able to buy and carry a firearm for hunting, at least.

If you contact the Board of Pardons and Paroles, you can apply for a restoration of civil rights. You need to have completed the sentence, no more convictions, at least 3 years since the completion of the sentence, and file the application. It is a form of pardon that leaves the conviction on your record but allows you to vote and buy guns and such. I don't know how that would apply to getting a CHL.

Hope that helps a little bit.

Thank you, I was arrested in 1997 finished probation in 2002 and have not been convicted of anything other than speeding tickets since.

[txinvestigator]

One more question, kinda off suject...........The new bill passed by Perry allowing self defense without retreat in home/work or vehicle..........how would that apply to someone like me?
In other words if someone broke into my home now endangering my family.......would I have the right to use deadly force if it was truly in self defense? If they had one pulled or was trying to sexually assault my wife, or kidnap my kids?
Without a doubt I'll use deadly force legal or not, if ever found in that situation, but I'd rather be legal to posess in the meantime.

These questions are impossible to answer in definitive terms. There is no "right" in Texas to use deadly force. Its use MAY be a "defense to prosecution" which means you can always be charged with it and if so, you have to prove the legal justification you had to use it.

My best advice is to take a CHL class anyway. You will learn Texas use of force laws, conflict resolution and other useful things. Since you don't need a certificate, perhaps a reasonable instructor would offer you a discount to "audit" the class.

I would.

[jgreen]

That appears it was a State Jail Felony, max possible punishment 2 years. Unfortunately, unless you can do as srothstein suggested you cannot possess a firearm under Texas law, except at your residence.

Texas Penal Code
§46.04. Unlawful possession of firearm.

(a) A person who has been convicted of a felony commits an
offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the
person's release from confinement following conviction of the felony
or the person's release from supervision under community supervision,
parole, or mandatory supervision, whichever date is later; or

(2) after the period described by Subdivision (1), at any
location other than the premises at which the person lives.


According to the ATF website;

Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]


Yes, a person who –

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

http://www.atf.gov/firearms/faq/faq2.htm#b1

But can I go to a gun show/pawn shop/gun dealer and buy a gun to posses at home? Or does someone else have to buy it or give it to me?
I appreciate all the info and help, these laws just seem a little fuzzy to me.
Thanks again.