TexasCHLforum.com

Hello everyone. I've been considering obtaining my TX CHL but have a concern about eligibility. Back in April 2004 I plead guilty to deferred adjudication Class A assault with bodily injury for 1 year. I pushed someone and I regret the entire situation. Since completing what was ordered by the court I haven't even gotten a speeding ticket. In January 2014 I went to Cabela's and was able to purchase a handgun. Now I want to obtain my CHL but I do not want to waste money by going through the process only to be denied. I've asked a few CHL instructors and they say since it's been over 5 years I'm good to go. I want to take their word for it but I have a feeling that they are telling me I will be approved to get me to sign up for their class. Any info would be greatly appreciated.

Google Texas Government Code section 411 (h) and you will see that a person is eligible if the misdemeanor was over 5 years ago.

S&W9milly14 wrote:Hello everyone. I've been considering obtaining my TX CHL but have a concern about eligibility. Back in April 2004 I plead guilty to deferred adjudication Class A assault with bodily injury for 1 year. I pushed someone and I regret the entire situation. Since completing what was ordered by the court I haven't even gotten a speeding ticket. In January 2014 I went to Cabela's and was able to purchase a handgun. Now I want to obtain my CHL but I do not want to waste money by going through the process only to be denied. I've asked a few CHL instructors and they say since it's been over 5 years I'm good to go. I want to take their word for it but I have a feeling that they are telling me I will be approved to get me to sign up for their class. Any info would be greatly appreciated.

Welcome to the Forum. If there are no other disqualifying issues, then you should be fine. (See the Code provisions below.) I'm a bit puzzled. If you don't trust the Instructors you have asked about this issue, then I must admit that I don't know why you would trust strangers on the Forum either. I can't imagine a CHL instructor intentionally misleading you just to get you in a class knowing you would be calling him/her if you were denied.

Chas.

Tex. Gov't Code §411.171 wrote:(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.

Tex. Gov't Code §411.172 wrote: ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:

. . .

(4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, 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 or equivalent offense;

. . .

(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, or equivalent offense;

Thank you for the information, I will begin taking the necessary steps towards getting my CHL.

Charles L. Cotton wrote:If you don't trust the Instructors you have asked about this issue, then I must admit that I don't know why you would trust strangers on the Forum either.

Because, when Charles L. Cotton speaks...

People Listen.