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Ex-Felon and CHL
Posted: Fri Jan 01, 2016 4:48 pm
by TheGasManII
OK, I have read a lot on here but can't seem to find a straight answer.
I was convicted of a felony back when I was 17. It was burglary of a habitation. I was somewhat of a troubled youth and actually committed the crime as a juvenile but was certified as an adult and tried in adult court. I was convicted in Dec. of 1987.
My parole was over in 1997.
I am able to legally buy guns and have been for some years.
My question is, can I get a LTC?
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 4:55 pm
by Jago668
411.172 A 3 Has not been convicted of a felony.
There is an exception to that.
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 or 25.072, 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).
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 5:02 pm
by Maxwell
Unless there was some adjudication associated with your completion of parole you are a convicted felon and are not able to purchase or own firearms by federal law.
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 5:08 pm
by TheGasManII
I don't believe mine was deferred adjudication.
I actually served time in the pen and was released on parole that ended in 1997.
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 5:11 pm
by TheGasManII
Maxwell wrote:Unless there was some adjudication associated with your completion of parole you are a convicted felon and are not able to purchase or own firearms by federal law.
I'm not aware of any adjudication at my time of parole.
But I have purchased weapons and passed federal background checks.
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 5:11 pm
by WildBill
TheGasManII wrote:I don't believe mine was deferred adjudication.
I actually served time in the pen and was released on parole that ended in 1997.
I believe burglary of a habitation is a permanent bar to getting an LTC in Texas.
Please read the attached thread.
viewtopic.php?f=7&t=81282&p=1034848&hil ... n#p1034848
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 5:18 pm
by JALLEN
Isn't conviction of a felony a permanent bar to even possessing a firearm?
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 5:20 pm
by mojo84
Honest question here:
Is there such a thing as an ex-felon?
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 5:22 pm
by TVGuy
mojo84 wrote:Honest question here:
Is there such a thing as an ex-felon?
Not unless you get some sort of pardon.
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 5:33 pm
by TheGasManII
WildBill wrote:TheGasManII wrote:I don't believe mine was deferred adjudication.
I actually served time in the pen and was released on parole that ended in 1997.
I believe burglary of a habitation is a permanent bar to getting an LTC in Texas.
Please read the attached thread.
viewtopic.php?f=7&t=81282&p=1034848&hil ... n#p1034848
OK, thanks for that.
How eerily similar.
Mine was for stealing a dune buggy out of a garage that was attached to house.
Anyway, I have passed DHS and FBI background checks for a HAZMAT endorsement and passed the backgrounds to buy guns.
I was hoping that at some point in Texas, that stuff went away.
I read somewhere that after 10 years you could buy a gun and that after 20 years you could get a CHL, or LTC now.
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 5:38 pm
by TheGasManII
mojo84 wrote:Honest question here:
Is there such a thing as an ex-felon?
Well, you got a point there.
I guess I refer to as EX because it was 30 years ago and I have been and am a productive citizen in society.
My voting rights and jury duties have been restored.
Why not my gun rights?
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 5:41 pm
by WildBill
TheGasManII wrote:WildBill wrote:TheGasManII wrote:I don't believe mine was deferred adjudication.
I actually served time in the pen and was released on parole that ended in 1997.
I believe burglary of a habitation is a permanent bar to getting an LTC in Texas.
Please read the attached thread.
viewtopic.php?f=7&t=81282&p=1034848&hil ... n#p1034848
OK, thanks for that.
How eerily similar.
Mine was for stealing a dune buggy out of a garage that was attached to house.
Anyway, I have passed DHS and FBI background checks for a HAZMAT endorsement and passed the backgrounds to buy guns.
I was hoping that at some point in Texas, that stuff went away.
I read somewhere that after 10 years you could buy a gun and that after 20 years you could get a CHL, or LTC now.
Eligibility for CHL/LTC has some exceptions to the general rules. Unfortunately your particular crime was one of them.
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 5:43 pm
by mojo84
TheGasManII wrote:mojo84 wrote:Honest question here:
Is there such a thing as an ex-felon?
Well, you got a point there.
I guess I refer to as EX because it was 30 years ago and I have been and am a productive citizen in society.
My voting rights and jury duties have been restored.
Why not my gun rights?
I understand. Just curious about it from a legal standpoint.
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 5:43 pm
by TheGasManII
JALLEN wrote:Isn't conviction of a felony a permanent bar to even possessing a firearm?
From what I've read, in Texas, after 5 years of completion of sentence you can possess one in your household.
And if voting rights are restored by your state you are no longer a felon in the feds eyes.
Re: Ex-Felon and CHL
Posted: Fri Jan 01, 2016 5:50 pm
by TheGasManII
WildBill wrote:
Eligibility for CHL/LTC has some exceptions to the general rules. Unfortunately your particular crime was one of them.
So a pardon or expungement are the only options.
OK, thanks.