eligibilty question

[glockowner]

i just bought a glock and am about to take the chl course next month. obviously i passed the background check to purchase the gun, would that mean i should be able to get the chl after passing the course? reason i ask, i just learned the 5 year misdemeanor rule, and remembered a disorderly conduct i got 4 years ago. would they consider me at all or just throw it out? thanks in advance for any help before i waste too much time and money.

[nitrogen]

The "5 year misdemeanor" rule only applies to Class A and Class B's.

Disorderly conduct is a class C unless you shot a gun in public, or displayed it in public, then it can be a class B.

[seamusTX]

Welcome to the forum.

A conviction under Chapter 42.01 of the Penal Code (disorderly conduct) is a disqualifier for five years from date of conviction. However, you should be sure of what you were convicted of. Sometimes people are charged with one offense and plead guilty to a lesser offense, which may not be a disqualifier.

Other disqualifiers that do not show up in NICS are two or more drug- or alcohol-related misdemeanors in 10 years, or being in default on child support, state taxes, or student loans.

Sorry to contradict Nitrogen, but here is the law:

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(4) is not charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code, ...
(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;

- Jim

[glockowner]

"have not in the five years preceding the date of application been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, disorderly conduct, Texas Penal Code."
this is one requirement i found from one website but found others that don't mention the disorderly at all. still not sure, thanks

this sucks, i knew it would come back to haunt me!

[glockowner]

i really don't know too much about the out come of the charges, they arrested me for arguing with a guy in public, no contact, and i got the disorderly, wife bailed me out that night and i never did anything to fight it or whatever, so i assume its just a regular class c misd.?

[HerbM]

i really don't know too much about the out come of the charges, they arrested me for arguing with a guy in public, no contact, and i got the disorderly, wife bailed me out that night and i never did anything to fight it or whatever, so i assume its just a regular class c misd.?

Did you ever go to court, miss a court date, have a lawyer, sign any papers, receive anything on it in the mail?

Did you ever get your bail back?

[glockowner]

i apologize for not remembering details, but just paid a few hundred dollars that night to get out and as far as i know there was no court date to attend. i believe they told me in order to see the judge and fight it, i would have to wait in jail all weekend until monday am or sign here and pay and plead something and get out now, i got out.

[seamusTX]

I'm out of my depth on this one. You should have had some kind of hearing. You might have an outstanding warrant. You might want to talk to a lawyer.

Have you had a traffic stop or any kind of encounter with the police since this incident?

- Jim

[KaiserB]

i apologize for not remembering details, but just paid a few hundred dollars that night to get out and as far as i know there was no court date to attend. i believe they told me in order to see the judge and fight it, i would have to wait in jail all weekend until monday am or sign here and pay and plead something and get out now, i got out.

Call the Circuit Clerk in the area this happened. They can tell you over the phone the charges, disposition date, etc. Also they can tell you if your bond paid the fine.

If the case is not "Closed" or dispositioned then call the sheriffs dept for the county in which you were charged. They can tell you if you have a warrant out for your arrest.

[glockowner]

i know i don't have warrants, i've been pulled over since, but wouldn't have i not been able to buy the gun? they did some check when i purchased it, they said they would call fbi etc...
if i got approved to buy would'nt i get approved for a license?

[seamusTX]

Warrants are not always distributed statewide. If you weren't pulled over in the same jurisdiction where the warrant was issued, the police might not know about it. This is particularly true of class C misdemeanors.

NICS is also imperfect. Not everything is reported to the state or the feds.

In any case, if you were arrested, fingerprinted, and photographed, you need to put it on a CHL application and provide a disposition from the clerk of the court.

- Jim

[HerbM]

i know i don't have warrants, i've been pulled over since, but wouldn't have i not been able to buy the gun? they did some check when i purchased it, they said they would call fbi etc...
if i got approved to buy would'nt i get approved for a license?

The answer is "maybe" and "probably" but not "certainly".

Track down the disposition of that arrest you had. You were certainly given a receipt for what you signed. Maybe it was a "ticket" and you paid a fine. Maybe it had instructions for appearing in court or paying another fine as you would with a motor vehicle violation.

You wrote earlier that your lady "bailed you out" -- there would be receipts for that and bail would be refunded unless it was forfeited due to non-appearance etc.

Lesson learned: Read what you sign; save a copy.

[nitrogen]

Wow, so you can be disqualified for a CHL by swearing, or giving someone "the finger"?

Wow, you learn something new every day, unless my understanding of section 42.01 is wrong...

[glockowner]

what makes a person eligible or ineligible to just purchase a gun? do they go back 5 years for that?

[Crossfire]

Wow, so you can be disqualified for a CHL by swearing, or giving someone "the finger"?

Wow, you learn something new every day, unless my understanding of section 42.01 is wrong...

Nitrogen, you are correct. You can be charged with a disorderly conduct charge for anything from having a loud party to swearing, to discharging a firearm in a public place. It is a Class C Misdemeanor, and usually you just get a citation that appears to be nothing more than a traffic ticket. So people plead guilty or "no contest" and pay the fine. And you will be ineligible for a CHL for 5 years from the date of the conviction.

Disorderly conduct is the only Class C Misdemeanor that makes you ineligible for a Texas CHL.

The good news is, Utah will not disqualify you from a CFP based on a disorderly conduct, and you can legally carry in Texas on a Utah CFP, even if you are not eligible for a Texas CHL.

Glockowner, if you are near the DFW area, contact me for more info. If you are near Houston, contact Charles Cotton.

BTW, The background check to purchase a firearm is NOT the same as the background check to get a CHL. CHL has more disqualifiers than purchasing does.