Felonies on Record

[Cap'n Stab'n]

What is the law on this for me to get my CHL in texas?
None were violent or had to do with drugs.
8 years ago, did my time, etc.
And am i LEGALLY allowed to own a shotgun or rifle?

i know laws change and i heard a RUMOR that there may be another change in this section of the law in September this year.
anybody heard anything to go with this?

[Crossfire]

A felony conviction makes you permanently ineligible for a Texas CHL.

The only way you can become eligible is if the conviction is pardoned, expunged, voided, set aside, or sealed.

Or if the offense you were convicted of is no longer classified as a felony.

Or you got deferred adjudication for it, and it was more than 10 years ago, and it was a non-violent felony.

Nothing will change in Sept of this year. The Texas legislature only meets on odd numbered years, so next time changes can occur is Sept 1, 2011.

[Cap'n Stab'n]

well that sucks.
so what about owning a long gun? (i.e. rifle or shotgun)

[rbftfire]

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[hirundo82]

well that sucks.
so what about owning a long gun? (i.e. rifle or shotgun)

Texas law allows possession on your property after a certain number of years (5 or 10 years after release from custody; can't remember exactly).

Per federal law, conviction of a crime for which you could have been sentenced to prison for a year or more permanently bars you from owning a firearm--the only way around this AFAIK is to get pardoned. The feds definitely enforce this--felon in possession cases tend to be a slam dunk and thus are an easy way to pad their conviction stats. Conviction is punishable by up to 10 years in Club Fed.

[Jumping Frog]

Per federal law, conviction of a crime for which you could have been sentenced to prison for a year or more permanently bars you from owning a firearm--the only way around this AFAIK is to get pardoned.

Depending upon the state, if state law has a process for sealing or expunging convictions, then you can truthfully report that you do not have that conviction and it removes the federal disability.

Generally it is one heck of a lot easier to get a conviction sealed or expunged (local court) than to get a pardon (governor).

[flb_78]

Texas law allows a felon to own a long gun in their home for self defense purposes 5 years after release, parole or supervision, whichever is a later date.

I would still consult an attorney and speak with the local sheriff and police chief to make sure that the law is enforced properly.



Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
(1) the date of the person's release from confinement following conviction of the misdemeanor; or
(2) the date of the person's release from community supervision following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.
(d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor.
(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:
(1) is designated by a law of this state as a felony;
(2) contains all the elements of an offense designated by a law of this state as a felony; or
(3) is punishable by confinement for one year or more in a penitentiary.
(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this state as a felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 46.05 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 2001, 77th Leg., ch. 23, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 836, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.24, eff. September 1, 2009.


Sec. 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire.
(b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor.
(c) An offense under this section is a felony of the third degree.

Added by Acts 2001, 77th Leg., ch. 452, Sec. 1, eff. Sept. 1, 2001.

[Hoi Polloi]

In some states, felons are allowed to use cap and ball guns because the legal definition of firearm doesn't include them. I don't know what TX law is on the issue and I don't know how guns work well enough to apply it to the statute rbftfire posted of TX's definition.

[TommyV]

A felony conviction makes you permanently ineligible for a Texas CHL.

The only way you can become eligible is if the conviction is pardoned, expunged, voided, set aside, or sealed.

Or if the offense you were convicted of is no longer classified as a felony.

Or you got deferred adjudication for it, and it was more than 10 years ago, and it was a non-violent felony.

I know if you got deferred adjudication and successfully completed it, you can still purchase firearms just like anyone else.

I am not clear on how this affects CHL eligibility. Since it is not a conviction, it should not matter but there may be some clause about this in the law.

What about a first DWI conviction. Will this prevent you from getting a CHL?

[Crossfire]

Deferred adjudication is considered a conviction for CHL purposes.

A DUI is at least a Class "B" misdemeanor, and makes you ineligible for 5 years.

[MoJo]

In some states, felons are allowed to use cap and ball guns because the legal definition of firearm doesn't include them. I don't know what TX law is on the issue and I don't know how guns work well enough to apply it to the statute rbftfire posted of TX's definition.

The Texas definition of "firearm" is very similar to the Federal definition of "firearm" and by definition, a cap and ball or flintlock arm is a "firearm." I would not be advising a person with a felony to use a cap and ball gun unless they first check with a lawyer and the BATFE. There is the notation that antique arms are excluded I real that as period pieces not replicas made in Italy or other places.

IANAL so I don't attempt to practice law.

[TommyV]

Deferred adjudication is considered a conviction for CHL purposes.

A DUI is at least a Class "B" misdemeanor, and makes you ineligible for 5 years.

A DUI is only for minors under 21. DWI is for people over 21.

From reading the law I cannot see anywhere that it states Deferred adjudication is considered a conviction.

[Cobra Medic]

From reading the law I cannot see anywhere that it states Deferred adjudication is considered a conviction.

GC 411.171 and 411.1711

[baldeagle]

Deferred adjudication is considered a conviction for CHL purposes.

A DUI is at least a Class "B" misdemeanor, and makes you ineligible for 5 years.

A DUI is only for minors under 21. DWI is for people over 21.

From reading the law I cannot see anywhere that it states Deferred adjudication is considered a conviction.

You need to read the right law:

GC §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.

I'm not sure where you got the idea that DUI is for minors and DWI is for adults. The law (Texas Penal Code 49.04) defines driving while intoxicated and makes no distinction for age.

Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.55, eff. Sept. 1, 1995.

[TommyV]

Yes what is for DWI Driving While Intoxicated. DUI is Driving Under the Influence and it is only enforced for drivers under 21 with zero tolerance. If they detect any amount of alcohol you can be charged with DUI and do not have to be Intoxicated.