TexasCHLforum.com

Posted: **Wed Oct 03, 2012 11:07 am**

Will multiple misdemeanors that would not otherwise disqualify by themselves disqualify an applicant. Is there a timeframe that applies to disqualification for multiple misdemeanors?

Posted: **Wed Oct 03, 2012 12:55 pm**

It could depend greatly on whether they were class A, or B offenses.

You can read about it here: http://www.txdps.state.tx.us/internetfo ... chl-16.pdf

Posted: **Wed Oct 03, 2012 1:09 pm**

If they are drug or alcohol offenses, DPS can consider the pattern as evidence the applicant is chemically dependent and therefore disqualified.

Posted: **Wed Oct 03, 2012 6:08 pm**

Jermsj wrote:Will multiple misdemeanors that would not otherwise disqualify by themselves disqualify an applicant. Is there a timeframe that applies to disqualification for multiple misdemeanors?

Welcome to the forum Jermsj. As the previous posters said, it depends on the specific misdemeanor and the time frame.

Posted: **Wed Oct 03, 2012 8:36 pm**

Any class A or B misdemeanor or disorderly conduct in the last 5 years and you are ineligible.

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

Posted: **Fri Mar 21, 2014 1:21 pm**

I have three misdemeanors. Possession of cannabis, reckless driving and, burglary of a commercial structure.burglary sounds terrible but essentially I entered a commercial structure with the intent to commit petty theft and irritated the judge. Both bad ideas. It has been more than five years since any of my indiscretion and all were in California long before my move to Texas. Can anyone confirm or deny wether these would be disqualifying offenses?

Posted: **Fri Mar 21, 2014 3:44 pm**

IANAL, so grain of salt.

But I believe burglary of a commercial building is a state jail
felony in Texas, per TPC Sec. 30.02, and thus you would have to wait 10 years.

Posted: **Fri Mar 21, 2014 4:31 pm**

The burglary was in 2002.

Posted: **Fri Mar 21, 2014 5:02 pm**

Jumping Frog wrote:IANAL, so grain of salt.

But I believe burglary of a commercial building is a state jail
felony in Texas, per TPC Sec. 30.02, and thus you would have to wait 10 years.

I believe the felony had to have a differed adjudication placed against it to eligible for the 10 years period. See below:

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
(3) has not been convicted of a felony;

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;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or
sealed under any state or federal law.

GC § 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:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable under
Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains
elements that are substantially similar to the elements of an offense listed in
Subdivision (1).

And burglary of a building other than a habitation is a state jail felony and a disqualifier completely

Sec. 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 8, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 727, Sec. 1, eff. Sept. 1, 1999.

Posted: **Fri Mar 21, 2014 5:18 pm**

This was definitely a misdemeanor charge in California. I did not enter the building without permission or the intent to commit a felony.

Posted: **Fri Mar 21, 2014 10:08 pm**

Jermsj wrote:This was definitely a misdemeanor charge in California. I did not enter the building without permission or the intent to commit a felony.

The problem may be how the charge and disposition is listed. If it shows 'burglary' then in Texas it is a felony offense and will prevent you from getting a CHL unless the offense is expunged, you are pardoned or had a order of deferred disposition was put against it in 2002.

§ 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1995, 74th Leg., ch. 318, § 8, eff. Sept. 1, 1995;
Acts 1999, 76th Leg., ch. 727, § 1, eff. Sept. 1, 1999.

Posted: **Sat Mar 22, 2014 7:04 pm**

Jermsj wrote:This was definitely a misdemeanor charge in California. I did not enter the building without permission or the intent to commit a felony.

You should definitely check out the link Kadelic gave you. All the eligibility rules are in there.

Like this rule that says if you're convicted of a crime in another state that's a felony in Texas, it counts as a felony for CHL eligibility. It doesn't matter if it was a misdemeanor where you were convicted.

For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state as a felony;

Posted: **Sat Mar 22, 2014 9:41 pm**

Jermsj wrote:... burglary of a commercial structure.burglary sounds terrible but essentially I entered a commercial structure with the intent to commit petty theft....

Jermsj wrote:This was definitely a misdemeanor charge in California. I did not enter the building without permission or the intent to commit a felony.

You may not have intended a felony, but you stated you did intend a theft.

Theft is an element of the crime:

Sec. 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.

Posted: **Sun Mar 23, 2014 8:58 am**

Personally, I think it's silly to seek legal advice from an Internet forum. When you get a solid answer from a REAL lawyer it would be great if you responded to let us know what you find out. I'm curious how it all works out since the crime was committed in another state.

What some have stated is that burglary is a felony in Texas so it automatically becomes a felony even though you were charged with a misdemeanor elsewhere. So does that mean if I commit a felony in Texas and I move to another state that a charge will suddenly become known as a misdemeanor? Especially since the same crime is a lesser charge there.

Posted: **Sun Mar 23, 2014 10:15 am**

Selcouth wrote:Personally, I think it's silly to seek legal advice from an Internet forum. When you get a solid answer from a REAL lawyer it would be great if you responded to let us know what you find out. I'm curious how it all works out since the crime was committed in another state.

What some have stated is that burglary is a felony in Texas so it automatically becomes a felony even though you were charged with a misdemeanor elsewhere. So does that mean if I commit a felony in Texas and I move to another state that a charge will suddenly become known as a misdemeanor? Especially since the same crime is a lesser charge there.

No

TexasCHLforum.com

Multiple misdemeanors

Multiple misdemeanors

Re: Multiple misdemeanors

Re: Multiple misdemeanors

Re: Multiple misdemeanors

Re: Multiple misdemeanors

Re: Multiple misdemeanors

Re: Multiple misdemeanors

Re: Multiple misdemeanors

Re: Multiple misdemeanors

Re: Multiple misdemeanors

Re: Multiple misdemeanors

Re: Multiple misdemeanors

Re: Multiple misdemeanors

Re: Multiple misdemeanors

Re: Multiple misdemeanors