TEXAS LAWS

[randmplumbingllc]

MAY MOVE TO TEXAS WITH MY FIANCE AND WAS WONDERING ABOUT TEXAS CARRY LAWS.

SOME BACKGROUND...

OVER 20 YEARS AGO I WAS CONVICTED OF A FELONY.

I SINCE HAVE HAD THE CONVICTIONS SET ASIDE AND NOW HAVE A CCW HERE IN ARIZONA, AS WELL AS ONE IN FLORIDA. I ALSO LEGALLY OWN A FEW CLASS III WEAPONS. AS STATED, I HAVE CHANGED MY LIFE. MY FIANCE IS IN QUANTICO VA RIGHT NOW, TRAINING TO BECOME A DEA AGENT.

DOES ANYONE KNOW IF MY SET ASIDE ORDER IS GOOD IN TEXAS TO GET A CHL ? FROM WHAT I UNDERSTAND, MY AZ CCW AND MY FLORIDA CCW ARE GOOD IN TEXAS NOW, BUT I WOULD LIKE A TEXAS CHL TO BE ABLE TO PURCHASE FIREARMS , LIKE I CAN DO NOW IN ARIZONA, WITHOUT DELAYS

PLEASE DON'T SAY " TALK TO LAWYER " I WILL DO THAT, BUT WE NEED TO GET SOME ANSWERS THIS WEEKEND, AS FIANCE NEEDS TO GIVE ANSWER TO DEA LOCATION . THEY DID NOT GIVE US MUCH NOTICE.

THANKS IN ADVANCE

[atxgun]

Welcome to the board.

felony == no chl in texas. I'm kind of surprised you were able to get a class 3 license with that.

Also, the caps lock key is next to the A

[randmplumbingllc]

THEN DOES THAT MEAN THAT MY CURRENT CCW'S ARE NOT VALID IN TEXAS ?

I AM SORRY ABOUT THE CAPS BUTTON AND I KNOW WHERE IT IS, BUT I WAS IN A BAD MOTORCYCLE ACCIDENT AND HAVE TO TYPE WITH ONE HAND. THE CAPS MAKE IT EASIER. SORRY

[randmplumbingllc]

BY THE WAY, AS FAR AS MY " CLASS III LICENSE", IT'S NOT A "LICENSE", IT IS A TAX STAMP. USUALLY $200.00. JUST TO CLARIFY

[flb_78]

Did your felony conviction happen before you turned 18?

[randmplumbingllc]

THE FELONY WAS WHEN I WAS 21 AND STUPID. MY THINKING IS THAT IF I CAN PASS THROUGH TEXAS WITH MY OTHER CCW'S LEGALLY, THEN WHY WOULD THEY DENY ME A TEXAS ONE ?

[flb_78]

I SINCE HAVE HAD THE CONVICTIONS SET ASIDE

Ah, this could be the reasoning behind it. I don't know what "set aside" means legally, but if it's the same a pardoned or expunged, then you possibly could get a Texas CHL.

[atxgun]

rand, in case you haven't found this yet here is the current penal codes relating to texas CHL http://www.txdps.state.tx.us/ftp/forms/LS-16.pdf" onclick="window.open(this.href);return false;

Eligibility:

GC 9411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period
preceding the date of application under this subchapter or is otherwise
eligible for a license under Section 411 .I 73(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a ,Class A or Class B
misdemeanor or an offense under Section 42.01, Penal Code, or of a
felony under an information or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class
B misdemeanor;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to
the proper use and storage of a handgun;
(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;
(9) is fully qualified under applicable federal and state law to
purchase a handgun;
(10) has not been finally determined to be delinquent in making a
child support payment administered or collected by the attorney
general;
(11) has not been finally determined to be delinquent in the
payment of a tax or other money collected by the comptroller, the tax
collector of a political subdivision of the state, or any agency or subdivision
of the state;
(12) has not been finally determined to be in default on a loan
made under Chapter 57, Education Code;
4 GCw11.172. TEXAS CONCEALED HANDGUN LAWS
(13) is not currently restricted under a court protective order or
subject to a restraining order affecting the spousal relationship, other
than a restraining order solely affecting properly interests;
(14) has not, in the 10 years preceding the date of application,
been adjudicated as having engaged in delinquent conduct violating a
penal law of the grade of felony; and
(15) has not made any material misrepresentation, or failed to
disclose any material fact, in an application submitted pursuant to
Section 411 .I74 or in a request for application submitted pursuant to
Section 411.175.
(b) For the purposes of this section, an offense under the laws of this
state, another state, or the United States is:
(1) a felony if the offense, at the time of a person's application for
a license to carry a concealed handgun:
. (A) is designated by a law of this state as a felony;
(9) contains all the elements of an offense designated by a law
of this state as a felony; or
(C) is punishable by confinement for one year or more in a
penitentiary ; and
(2) a Class A misdemeanor if the offense is not a felony and
confinement in a jail other than a state jail felony facility is affixed as a
possible punishment.
(c) An individual who has been convicted two times within
the1O-year period preceding the date on which the person applies for
a license of an offense of the grade of Class B misdemeanor or greater
that involves the use of alcohol or a controlled substance as a statutory
element of the offense is a chemically dependent person for purposes
of this section and is not qualified to receive a license under this
subchapter. This subsection does not preclude the disqualification of
an individual for being a chemically dependent person if other
evidence exists to show that the person is a chemically dependent
person.
(d) For purposes of Subsection (a)(7), a person is incapable of
exercising sound judgment with respect to the proper use and storage
of a handgun if the person:
(1) has been diagnosed by a licensed physician as suffering from
a psychiatric disorder or condition that causes or is likely to cause
substantial impairment in judgment, mood, perception, impulse
control, or intellectual ability;
(2) suffers from a psychiatric disorder or condition described by
Subdivision (1 ) that:
(A) is in remission but is reasonably likely to redevelop at a
future time; or
(B) requires continuous medical treatment to avoid redevelopment;
(3) has been diagnosed by a licensed physician or declared by a
court to be incompetent to manage the person's own affairs; or
(4) has entered in a criminal proceeding a plea of not guilty by
reason of insanity.
TEXM CONCEALED HANDGUN LAWS GC911.173. 5
(e) The following constitutes evidence that a person has a psychiatric
disorder or condition described by Subsection (d)(l):
(1) involuntary psychiatric hospitalization in the preceding
five-year period;
(2) psychiatric hospitalization in the preceding two-year period;
(3) inpatient or residential substance abuse treatment in the
preceding five-year period;
(4) diagnosis in the preceding five-year period by a licensed
physician that the person is dependent on alcohol, a controlled
substance, or a similar substance; or
(5) diagnosis at any time by a licensed physician that the person
suffers or has suffered from a psychiatric disorder or condition
consisting of or relating to:
(A) schizophrenia or delusional disorder;
(B) bipolar disorder;
(C) chronic dementia, whether caused by illness, brain defect,
or brain injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder; or
(F) antisocial personality disorder.
(9 Notwithstanding Subsection (d), a person who has previously
been diagnosed as suffering from a psychiatric disorder or condition
described by Subsection (d) or listed in Subsection (e) is not because
of that disorder or condition incapable of exercising sound judgment
with respect to the proper use and storage of a handgun if the person
provides the department with a certificate from a licensed physician
whose primary practice is in the field of psychiatry stating that the
psychiatric disorder or condition is in remission and is not reasonably
likely to develop at a Mure time.
(g) Notwistanding Subsection (a)(2), a person who is at least 18
years of age but not yet 21 years of age is eligible for a license to carry
a concealed handgun if the person:
(1) is a member or veteran of the United States armed forces,
including a member or veteran of the reserves or national guard;
(2) was discharged under honorable conditions, if discharged
from the United States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a)
except for the minimum age required by federal law to purchase a
handgun.
(h) The issuance of a license to carry a concealed handgun to a
person eligible under Subsection (g) does not affect the person's
ability to purchase a handgun or ammunition under federal law.

[randmplumbingllc]

YES, THANKS FOR THE PENAL CODE, BUT YOU CAN'T PURCHASE A FIREARM IN ARIZONA OR FEDERALLY, FOR THAT MATTER, IF YOU HAVE A FELONY CONVICTION. TEXAS IS VAGUE ON THIS. IF TEXAS IS LIKE ARIZONA AND FLODIDA AND THE FEDERAL GOVERNMENT, THEN I AM GOOD. EITHER THEY ISSUE ME A CCW OR I JUST KEEP MY AZ AND FL CCW, AS THEY HAVE RECOPROCITY WITH AZ ANF FL

[boomerang]

One reason you're not getting a definitive answer may be because we don't know what "HAD THE CONVICTIONS SET ASIDE" means legally.

IANAL, so I will quote the following from the CHL law without further comment.

GC 411.171. DEFINITIONS. In this subchapter:
(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged; or
(B) pardoned under the authority of a state or federal official.

[Oldgringo]

If you plan on NOT getting a Texas CHL, you have your other chl's to fall back on. If you do get a Texas CHL, you'll then have three (3) of 'em.

[Charles L. Cotton]

In Texas, a set-aside is still a conviction for purposes of obtaining a CHL. That not the case anywhere else in the country, at least not to my knowledge. If you had a deferred adjudication for a non-violent felony over ten years ago, or if your conviction has been expunged according to the Texas standard for expunging convictions, then you would qualify for a Texas CHL. Otherwise, you will have to keep carrying on another state's license.

Welcome to TexasCHLforum and I'm sorry to hear of your accident.
Chas.

[randmplumbingllc]

THANKS FOR ALL OF YOUR ADVISE AND IMPUT

[randmplumbingllc]

In Texas, a set-aside is still a conviction for purposes of obtaining a CHL. That not the case anywhere else in the country, at least not to my knowledge. If you had a deferred adjudication for a non-violent felony over ten years ago, or if your conviction has been expunged according to the Texas standard for expunging convictions, then you would qualify for a Texas CHL. Otherwise, you will have to keep carrying on another state's license.

Welcome to TexasCHLforum and I'm sorry to hear of your accident.
Chas.

See what a little hard work and persistance will do ? Vacated and "set-aside" is NOT a conviction anymore, for the purpose of a Texas CHL. I now qualify. As of Sept. 1st. I am good to go.

Heck, it took me almost 2 years to get that law changed in Arizona. It only took me a few months here in Texas. I wish we had a group like the Arizona Citizens Defense League here in Texas. They were the ones that helped me so much with changing the law in Arizona. Here in Texas, I just Emailed the lawmakers to death. What sense did it make to ban set-aside/vacated convictions from getting a Texas CHL, but still let us legally carry here with a VALID out of state CCW ?

I guess that logic CAN change law, once the right people see it.

[RHenriksen]

Wow, congratulations! (you got your keyboard fixed, too )