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deferred adjudication
Posted: Mon Jan 27, 2014 12:26 am
by rangers01
Hello all. i got a question about elgibility. back when i was 18 i hooked up with a younger gal (15 yo) almost missed the 3yr law. and was charged with "sexual assault" was arressted in 2007. Sentenced 4yrs deferred adjudication probation in 2008. Got off in 2012. Now my question is, am i or can i get my chl? If so when can i? Thanks
Re: deferred adjudication
Posted: Mon Jan 27, 2014 12:39 am
by rangers01
I know this has nothing to do with but i can buy firearms and take home same day
Re: deferred adjudication
Posted: Mon Jan 27, 2014 7:19 am
by longhorn86
Someone smarter than me will probably come around, but I'm pretty sure that sexual assault falls under Title 5 of the TPC, Offenses against Persons. If so, I believe that would disqualify you permanently, even if you received deferred adjudication.
Re: deferred adjudication
Posted: Mon Jan 27, 2014 9:10 am
by apostate
To build on what longhorn86 wrote, for CHL purposes a deferred adjudication counts as a conviction for ten years, or permanently for some offenses. (GC 411.1711) Among the latter are assaultive offenses under Chapter 22, including sexual assault.
So, if you received deferred adjudication for felony sexual assault, you are not eligible for a Texas CHL unless you're pardoned or have it expunged.
Re: deferred adjudication
Posted: Mon Jan 27, 2014 9:24 am
by jbarn
apostate wrote:To build on what longhorn86 wrote, for CHL purposes a deferred adjudication counts as a conviction for ten years, or permanently for some offenses. (GC 411.1711) Among the latter are assaultive offenses under Chapter 22, including sexual assault.
So, if you received deferred adjudication for felony sexual assault, you are not eligible for a Texas CHL unless you're pardoned or have it expunged.
OP, you can buy a handgun because a deferred is not considered a conviction under federal law. Texas CHL and other types of law does consider it a conviction.
Re: deferred adjudication
Posted: Mon Jan 27, 2014 9:50 am
by rangers01
Ok thanks guys.... mods can you delete thread please