TexasCHLforum.com

Alright, I am sure you all get lots of questions such as these, but I assure you that mine is a new "complexity". When I was 15 years old (now 31) I was accused of a felony in another State. I was being tried as an adult at this young age, but the charges were dismissed in the adult judiciary system of said state and then filed under Juvenile of that same state. Court day comes around and we had money troubles, my dad couldn't afford to keep the private attorney so I had the public defender attorney. I ended up pleading to assault and battery and got probation, 6 months. Now, I know that the adult charge was a felony, but was dismissed. I have the certified papers from the court for that in particular, which shows the charge, lists all events pertaining to that case in that particular judiciary system (adult court) right up until it was dismissed and filed under Juvenile. So I am sure I am good on that.

Now, when it was filed under Juvenile and I plead to the Assault and Battery, under Texas law, would this prohibit me from obtaining my CHL? I called the court where this all transpired and they don't even have my juvenile records. They faxed me a "Profile Summary" which is basically just what is stored on their computers. They said they give that to people who need documents about arrests and such who are going into the military and said it "should" work for me, if it works for the military. The Assault and Battery I know was misdemeanor but not sure which class. Given the 6 month probation term I would assume the lowest possible class misdemeanor.

I just want to know if this would prevent me from being able to obtain a Texas CHL. I haven't had any other arrests besides for Driving While License Suspended, or traffic related stuff like not paying tickets and what have you, but those have been years ago. 2003 I believe was the last time I had anything from traffic tickets I was jailed for, either by arrest or sitting it out voluntarily.

I do own a gun, that I bought from an FFL. I just bought it recently after my neighbor was shot by someone who he caught breaking into his vehicle. Any help would be appreciated. Thank you in advance for your time.

P.S. Bleed is just a username, its my initials with my middle name in the middle.

Check out the last question..
http://www.topgunchl.com/eligibility.html" onclick="window.open(this.href);return false;

and: http://www.stateoftexaschl.com/chl-faqs/" onclick="window.open(this.href);return false;

19. What are the requirements for obtaining a license?
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After receiving completed application packets, the DPS will conduct extensive background checks of juvenile records for the previous 10 years and all adult records.

Then call DPS and ask them. They're good folks and will give you a straight answer most times if enough information is available.

I believe that since you have no convictions as an adult, and your felony conviction was as a juvenile and well over 10 years ago, you should be eligible.

Caveat.... If your A&B charge involved domestic violence, I'm not sure how that would affect a juvenile conviction.
It would be permanently disqualifying if it was an adult DV related conviction.

Since it happened out of Texas, it hard to say for certain. Juvenile delinquent conduct of a felony grade in Texas will not be a permanent disqualifier. However, it does disqualify a person for 10 years. You are past that 10 year period, so it will hing on how the charges were characterized.

Welcome to the Forum.

Chas.

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

• (13) has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony;

Thank you for the welcome to the forum, and for the answers. I suppose there is nothing for me to do but go to the CHL class and apply and see what happens. I already tried calling, all they could really say is list every time that I was "put in cuffs" arrested. In otherwords told me not to list every single traffic violation I went and sat out in jail because I was too young and stupid to pay the fines, etc. Even told me about the Driving While License Suspended that was reduced to just list it, and if they actually need more information (i.e. the certified copies of charging and disposition documents) they will contact me. The lady I spoke to said that if I did happen to forget to list an arrest they would contact me about it. I can only assume she meant contact me about it BEFORE just saying no to giving me a license. I just didn't want to have to go spend all the money to get it for it to just be wasted.

I don't have a felony conviction. That felony charge was dismissed. That's why I said it's kind of complex, because it was dismissed and then they "filed" in juvenile court which led to pleading to an amended charge way less than what it was originally. If I would have had the private attorney, no doubt it would have been dismissed all together free and clear. But as we all know, just about everything with the word "public" in it usually means no Bueno.

I will try calling DPS again tomorrow and asking. And provide all the information I have to the operator and see if they tell me anything good.

Thank you again. I appreciate it. And glad to be part of the forum.

I called DPS today, and just like I figured got this "we don't do preliminary background checks". I guess apparently explaining your charges and simply asking if it makes you ineligible is asking them to do a preliminary background check? When I made it clear after this that I just wanted to know about the eligibility, I was told that it's not their job and they are not allowed to interpret what the law means, but could provide with me with the code to reference to read it myself. If it is cut and dry, an amended charge isn't deferred adjudication then I should have no issue obtaining my CHL, is what I gather when I read it and think of it all. Not sure contacting any attorney would be any help. Certainly can't call that particular attorney from the other state because he was disbarred not too long after my dad had to stop paying him. Not for my case in particular, I think he got disbarred for DWI and some other things that he had happen to him. Anyhow, I am just going to apply after the CHL class and see what happens.

The problem is that DPS does not know if you are giving them accurate information over the phone. If it is very clear that you are not eligible they may tell you. I doubt they will ever say you are eligible until they background check is finished.