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I was charged with a felony when I was 19 years old (deffered) does the five year rule start at the end of my probation or the date of conviction?
I have legally purchased handguns no more than one year after my probation was up. can I get a chl?
I will be 30 on the 9th of next month.

dmdakota wrote:I was charged with a felony when I was 19 years old (deffered) does the five year rule start at the end of my probation or the date of conviction?
I have legally purchased handguns no more than one year after my probation was up. can I get a chl?
I will be 30 on the 9th of next month.

for felonies they go back 10 years,but the felony cannot be aggravated , it has to be non violent.i dont know if the ten years starts on date of conviction( i think it does ) , or if it starts when you finished probation. im sure you will get a firm answer here soon. there are very knowledgeable people here......how long was your probation ?

As long as your deferred felony wasn't for an offense under Tex. Penal Code Chp. 29, Robbery, or Title 5 (criminal homicide, kidnapping, trafficking of persons, sexual offenses, assaultive offenses), in other words, it was a non-violent felony, then you will be eligible but not until 10 years after the order of deferral was entered, not when you completed the probationary period.

However, if a certain bill passes, felony deferrals for burglary of a habitation will be added to the list of permanently disqualifying felonies, as will deferrals for TPC §25.07, Violation of a Protective Order. Note, merely violating the protective order is not what is disqualifying. The person will have to be convicted of a felony criminal offense under TPC §25.07 and not all violations of §25.07 are felonies.

Chas.

Charles L. Cotton wrote:As long as your deferred felony wasn't for an offense under Tex. Penal Code Chp. 29, Robbery, or Title 5 (criminal homicide, kidnapping, trafficking of persons, sexual offenses, assaultive offenses), in other words, it was a non-violent felony, then you will be eligible but not until 10 years after the order of deferral was entered, not when you completed the probationary period.

However, if a certain bill passes, felony deferrals for burglary of a habitation will be added to the list of permanently disqualifying felonies, as will deferrals for TPC §25.07, Violation of a Protective Order. Note, merely violating the protective order is not what is disqualifying. The person will have to be convicted of a felony criminal offense under TPC §25.07 and not all violations of §25.07 are felonies.

Chas.

can you clear this up a little? what if you have a deferred adj for burglary w-intent theft 25 years ago,and you already have a chl, will they take it away ? or will you no longer be able to renew ?

It was a drug charge non violent.
6 years on probation.
I have grown up so much since the mistakes I made when younger. It would be horrible for them to haunt me this way.

dmdakota wrote:It was a drug charge non violent.

You're fine, but it will be 10 years, not 5. Consider getting a license from another state until the 10 years expires.

Chas.

dmdakota wrote:It was a drug charge non violent.

you should be good to go, depending on the ten year thing , i had similar situation, so i called dps and gave them my ss# and DOB .the very nice lady looked it up on her computer and said "looks like youre elligable " so if youre unsure , maybe try that.

usa1 wrote:

Charles L. Cotton wrote:As long as your deferred felony wasn't for an offense under Tex. Penal Code Chp. 29, Robbery, or Title 5 (criminal homicide, kidnapping, trafficking of persons, sexual offenses, assaultive offenses), in other words, it was a non-violent felony, then you will be eligible but not until 10 years after the order of deferral was entered, not when you completed the probationary period.

However, if a certain bill passes, felony deferrals for burglary of a habitation will be added to the list of permanently disqualifying felonies, as will deferrals for TPC §25.07, Violation of a Protective Order. Note, merely violating the protective order is not what is disqualifying. The person will have to be convicted of a felony criminal offense under TPC §25.07 and not all violations of §25.07 are felonies.

Chas.

can you clear this up a little? what if you have a deferred adj for burglary w-intent theft 25 years ago,and you already have a chl, will they take it away ? or will you no longer be able to renew ?

It could go either way, but most likely DPS just won't renew the CHL. Tex. Gov't Code §411.183(a)(3) authorizes DPS to revoke a CHL if the licensee "subsequently becomes ineligible . . ." but a few people were caught in a trap when a couple of old misdemeanors were upgraded to felonies. To my knowledge, DPS didn't revoke the CHL, but they denied renewal because the law changed. But note, the offense has to have been "burglary of a habitation" and the Texas Penal Code doesn't have a separate offense for habitations. TPC §30.02 includes burglary of a habitation or building, so the court documents will determine whether the offense will ultimately be disqualifying.

Chas.

Charles L. Cotton wrote:

usa1 wrote:

Charles L. Cotton wrote:As long as your deferred felony wasn't for an offense under Tex. Penal Code Chp. 29, Robbery, or Title 5 (criminal homicide, kidnapping, trafficking of persons, sexual offenses, assaultive offenses), in other words, it was a non-violent felony, then you will be eligible but not until 10 years after the order of deferral was entered, not when you completed the probationary period.

However, if a certain bill passes, felony deferrals for burglary of a habitation will be added to the list of permanently disqualifying felonies, as will deferrals for TPC §25.07, Violation of a Protective Order. Note, merely violating the protective order is not what is disqualifying. The person will have to be convicted of a felony criminal offense under TPC §25.07 and not all violations of §25.07 are felonies.

Chas.

can you clear this up a little? what if you have a deferred adj for burglary w-intent theft 25 years ago,and you already have a chl, will they take it away ? or will you no longer be able to renew ?

It could go either way, but most likely DPS just won't renew the CHL. Tex. Gov't Code §411.183(a)(3) authorizes DPS to revoke a CHL if the licensee "subsequently becomes ineligible . . ." but a few people were caught in a trap when a couple of old misdemeanors were upgraded to felonies. To my knowledge, DPS didn't revoke the CHL, but they denied renewal because the law changed. But note, the offense has to have been "burglary of a habitation" and the Texas Penal Code doesn't have a separate offense for habitations. TPC §30.02 includes burglary of a habitation or building, so the court documents will determine whether the offense will ultimately be disqualifying.

Chas.

thanks for the info, even though i dont like it, your knowledge in these matters is very appreciated !

Defining "conviction" to include successfully completed deferred adjudications is utter nonsense. But, that's an argument for another day.

Chas.

Charles L. Cotton wrote:Defining "conviction" to include successfully completed deferred adjudications is utter nonsense. But, that's an argument for another day.

Chas.

i agree,deferred adjudication is supposed to wipe a record clean,atleast thats what i thought.

dmdakota wrote:It was a drug charge non violent.
6 years on probation.
I have grown up so much since the mistakes I made when younger. It would be horrible for them to haunt me this way.

Actions have consequences. Consequences frequently last much longer than the time it takes to "grow up".


Ex. having a baby when you're a teenager. That consequence will last a lifetime.

so true.

still havent found an answer to when the ten years starts thou, just frustrated I guess.

dmdakota wrote:still havent found an answer to when the ten years starts thou, just frustrated I guess.

Charles mentioned in one of his posts above:

Charles L. Cotton wrote:As long as your deferred felony wasn't for an offense under Tex. Penal Code Chp. 29, Robbery, or Title 5 (criminal homicide, kidnapping, trafficking of persons, sexual offenses, assaultive offenses), in other words, it was a non-violent felony, then you will be eligible but not until 10 years after the order of deferral was entered, not when you completed the probationary period.

So it is all driven by the official date on the order of deferral.

dmdakota wrote:so true.

still havent found an answer to when the ten years starts thou, just frustrated I guess.

Don't overlook the advice about licenses from other states that are recognized by Texas.