TexasCHLforum.com

Hello all,

I'm fairly new to owning firearms. I'm putting in the time to practice, and studying as much as I can. I have a strong appreciation for my rights, and for firearms in general. I take it serious, and intend to be a safe, and educated gun owner. I fell confident that I am now ready to pursue the option of carrying when I feel I need to. Although I am a responsible citizen today, I have a past that may effect my chances of receiving a CHL. NICS has approved 2 recent transfers for me, but I understand the Texas laws for a CHL are different. I have some questions that I would like to ask about criminal history. What would be the appropriate forum to ask about criminal history, and how the CHL laws apply?

Welcome! Ask away!

You're in the right place. Many knowledgeable people on the forum.

You will find help here. No one will be judgmental about your past.
Welcome aboard.

Thanks. Again, NICS has granted me 2 transfers, and I should be good with them in the future. Texas, I see, is different on how they view things. I have 1 primary concern, then quite a few small issues. I was arrested in 1997 for a state jail felony possession of controlled substance. I took deferred adjudication, and eventually completed it. Prior to that, In 1994, I took probation, and received a conviction for a class B misdemeanor marijuana case. Among the years from 1995 to 2004, I was probably arrested 10 to 15 times for being a dummy. It was things like disorderly conduct, petty theft, public intox, and a few times I was arrested for violating my terms of probation. I have never been arrested, or even been involved in any sort of violent act, or domestic violence, abuse, or disturbance. I have never had any type of DWI, or DUI. I was a reckless little kid. I am now, an adult, who understands life enough to do what's right for myself, and my community. Today, I have no tickets, no pending charges of any kind, and no debt to any government, or legal agency.

In summary, I have one felony arrest from 1997, for which I took, and completed deferred adjudication, a class B misdemeanor from 1194, and all those one nighters, that I don't even remember that well. From what I understand, I need to, at minimum, be able to list a date, the charge, and the agency, for each of these. I honestly don't know if I could accurately account for every single incident. I do have the complete history for the adjudicated felony. I got it directly from the arresting agency, and had each section stamped, and notarized by the court clerk. If I understand correctly, Texas views the felony as a conviction, but will review it, and consider the type of charge, and how long ago it happened.

My questions are as follows. Am I correct that I might have a chance, considering the type of charge, and the age of the charge? Do I need to collect the official, notarized, documents, from each agency, for each, and every arrest? Should I send the documents for the felony, and just list the misdemeanors? Is there anything I'm overlooking? Do you have any specific feedback, experience, or advice I should consider?

I appreciate your response, and for your consideration, in light of my past actions.

Sorry, soje, but it appears you may be out of luck.

From the DPS CHL FAQS:https://www.txdps.state.tx.us/RSD/CHL/faqs/index.htm

The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of deferral, you may not be eligible for a CHL.

And, from the Government Code 411.172 http://www.txdps.state.tx.us/internetfo ... chl-16.pdf

GC §411.172. 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 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(More in the code)

But, this is just an excerpt of the code... I'd carefully study the codes to see if one of the exceptions meets their requirements. DPS can tell you if the then state jail offense has been changed to a (now) misdemeanor (I THINK there were some changes to those laws, recently!) or you could talk with your attorney to get that info -worth a shot. If that's true, and the felony drops to an A misdemeanor, and your B misdemeanor drops to a C, then you might be eligible. A lot depends on what those other convictions were for, etc. Again, read the Code and see what I'm talking about.

Yes, I've been looking at the sentence, "Depending on the type of offense and the date of deferral, you may not be eligible for a CHL.
", and hoping there may be some sort of consideration for type of charge, and time since. I'm going to read up, and call the DPS. There are so many gray areas, that it's next to impossible to know for sure. Sometimes a representative from the agency itself will know my situation. NICS was very helpful over the phone. I would hate to spend the money for a class, and application, if there was no chance.

n5wd wrote:Sorry, soje, but it appears you may be out of luck.

From the DPS CHL FAQS:https://www.txdps.state.tx.us/RSD/CHL/faqs/index.htm

The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of deferral, you may not be eligible for a CHL.

And, from the Government Code 411.172 http://www.txdps.state.tx.us/internetfo ... chl-16.pdf

GC §411.172. 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 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(More in the code)

But, this is just an excerpt of the code... I'd carefully study the codes to see if one of the exceptions meets their requirements. DPS can tell you if the then state jail offense has been changed to a (now) misdemeanor (I THINK there were some changes to those laws, recently!) or you could talk with your attorney to get that info -worth a shot.

Some people overlook GC 411.1711 when considering eligibility. Many overlook the final sentence of 411.172(c).

You said you were a kid when this happened. Were you a Juvenal when the felony was committed? If so that changes things.

The felony conditions can be appealed...it just costs in the thousands in court and lawyer fees but you can have rights reinstated through appeal...

RogueUSMC wrote:The felony conditions can be appealed...it just costs in the thousands in court and lawyer fees but you can have rights reinstated through appeal...

If its a juvenile felony you must wait 10yrs to be able to apply, I was convicted of felony theft in 1998 when I was 13yrs old and I got my CHL.

Well, I read through the code, and it looks like if an adult took deferred adjudication on a felony, no less than 10 years ago, that felony would not be counted against the CHL applicant. This only applies to some crimes. If someone took deferred adjudication on felonies such as violent acts, robbery, burglary, and a few other I can't remember, that felony will still be considered a disqualifying conviction. I called the DPS, and asked about my situation, and the representative did confirm that I should be okay. I forgot to add, you must have successfully completed the deferred adjudication.

I'm a happy man today, though I know better than to expect anything to happen, absolutely.

Sounds like you have done a lot of growing up in the last10 years. Good luck with your application. Be prepared for delays and having to provide additional info.

Welcome to the TCHL Forum. Glad to have you on board!!!

soje111 wrote:Well, I read through the code, and it looks like if an adult took deferred adjudication on a felony, no less than 10 years ago, that felony would not be counted against the CHL applicant. This only applies to some crimes. If someone took deferred adjudication on felonies such as violent acts, robbery, burglary, and a few other I can't remember, that felony will still be considered a disqualifying conviction. I called the DPS, and asked about my situation, and the representative did confirm that I should be okay. I forgot to add, you must have successfully completed the deferred adjudication.

I'm a happy man today, though I know better than to expect anything to happen, absolutely.

Remember you will have to get certified copys of ALL arrests to turn in with your packet.