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Can my friend get a CHL?
Posted: Thu Sep 01, 2016 10:58 am
by TVGuy
I've searched, but can't find a definitive answer. Not a ton of experience, since I don't have a criminal record.
My friend committed a non-violent drug felony many years ago in New York. About two years ago it was sealed and/or expunged.
He's been told his rights have been restored to purchase a firearm, but does anyone know if he is eligible for a CHL?
Thanks!
Re: Can my friend get a CHL?
Posted: Thu Sep 01, 2016 11:03 am
by WildBill
TVGuy wrote:I've searched, but can't find a definitive answer. Not a ton of experience, since I don't have a criminal record.
My friend committed a non-violent drug felony many years ago in New York. About two years ago it was sealed and/or expunged.
He's been told his rights have been restored to purchase a firearm, but does anyone know if he is eligible for a CHL?
Thanks!
Not enough information to tell.
Your friend will need to get copies of all of the court documents relating to the arrest, disposition and sealing.
If he is eligible he will need to include them with his LTC application.
Re: Can my friend get a CHL?
Posted: Thu Sep 01, 2016 11:26 am
by TVGuy
Yes, I finally found something. Doesn't this show he would be eligible?
SUBCHAPTER H. LICENSE TO CARRY A HANDGUN
Sec. 411.171. DEFINITIONS. In this subchapter:
(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.
His conviction is not subject to the Section 411.1711 exception, it was a simple possession CS case from my understanding.
Re: Can my friend get a CHL?
Posted: Thu Sep 01, 2016 11:38 am
by The Wall
Can he vote? Why don't people go to the source with questions like this? Contact the DPS and they will tell him what he needs to do. First hand information is usually best.
Re: Can my friend get a CHL?
Posted: Thu Sep 01, 2016 11:59 am
by ScottDLS
The Wall wrote:Can he vote? Why don't people go to the source with questions like this? Contact the DPS and they will tell him what he needs to do. First hand information is usually best.
However, DPS sometimes gives incorrect information.
Re: Can my friend get a CHL?
Posted: Thu Sep 01, 2016 12:01 pm
by TVGuy
ScottDLS wrote:The Wall wrote:Can he vote? Why don't people go to the source with questions like this? Contact the DPS and they will tell him what he needs to do. First hand information is usually best.
However, DPS sometimes gives incorrect information.
This. Also, it can be nearly impossible to reach someone in the LTC department that knows.
Re: Can my friend get a CHL?
Posted: Thu Sep 01, 2016 12:13 pm
by Beiruty
If it sealed or expunged, get papers from related court and submitted with the filed application for the CHL