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by KRM45
Sun Jan 27, 2013 8:49 pm
Forum: General Texas CHL Discussion
Topic: Qualify for CHL? Do I need it?
Replies: 35
Views: 4527

Re: Qualify for CHL? Do I need it?

srothstein wrote:
KRM45 wrote:You'll need to get copies of the official disposition from the court on these two cases. First, the 1999 case could not have been a class C if you were sentenced to jail.
This is true and how the law reads. But there are ways around every law. For example, the law allows a person to be held in jail in leiu of paying the fine if they refuse to pay the fine or are unable to for reasons other than poverty (SCOTUS outlawed the poverty clause way back). So, if his mom refused to pay the fine and he did not know how to argue poverty, I can see how he could spend a week in jail. Not common, but possible and some JPs would do it to a young man they thought it might help.
I see where you're coming from here. I was going on the "convicted as an adult and sentenced to 30 days"... Something just didn't add up.

srothstein wrote:
KRM45 wrote: Second, the lowest grade of evading in the Penal code is a class A, but there are many ways that can become a felony. Without the details, nobody can tell you if you are eligible, or whether you are currently breaking the law by being in possession of a firearm.
This is also true, but may not have been when the offense occurred. The penalty was upgraded from B to A in 2009, so if the offense occurred on August 31, 2009 at 11:30 p.m. it would have been a class B offense and if it occurred a mere 31 minutes later, it would have been a class A.

You are correct that details can be very important in some cases.
Thanks for the information on the change in the law. :tiphat:
by KRM45
Sun Jan 27, 2013 11:48 am
Forum: General Texas CHL Discussion
Topic: Qualify for CHL? Do I need it?
Replies: 35
Views: 4527

Re: Qualify for CHL? Do I need it?

You'll need to get copies of the official disposition from the court on these two cases. First, the 1999 case could not have been a class C if you were sentenced to jail. Second, the lowest grade of evading in the Penal code is a class A, but there are many ways that can become a felony. Without the details, nobody can tell you if you are eligible, or whether you are currently breaking the law by being in possession of a firearm.

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