Will I get denied?

[viprgtsr]

So I travel out to remote areas in Texas so I have come to want a CHL. My problem is my past. Most notably, my problem is a DUI case in GA in 2005.

In October 2005, I was 20 years old and arrested for suspicion of DUI on my way to buckhead in Atlanta. I was attending Georgia Tech at the time. I retained council and a year later I plead guilty to reckless driving, and was given 1 year probation. The judge gave me permission to return to Texas as I was currently working at NASA in Houston. Throughout the course of probation, I contacted my probation officer and I had some unsettling news. I was told that have a new probation officer and some items such as community service had deadlines before the end of probation was to be complete, and I was currently behind. I was ordered to report back to Georgia. I had no means of taking time to go to georgia, so I made a lump sum payment to complete all fines. Then I wrote a letter to the judge explaining everything to him. Needless to say, I hav not heard anything since.

I do not have any liscense issues, I have never had any issues getting jobs at very good companies with the tools to do extensive background checks and hair folicle drug screens.

I have already completed all CHL documentation and submitted my application. Does anyone think that this case will give me issues?

[The Annoyed Man]

A. Was it a felony or a misdemeanor conviction?

B. What class/degree of misdemeanor/felony?

C. Have you ever been denied for a firearms purchase?

[viprgtsr]

The Annoyed Man,

A) Misdemeanor

B) Class B

C) No, never. I have 3 pistols and 1 AR and was only delayed for a few minutes on my first and second purchase.

Thanks for your help!

[The Annoyed Man]

The Annoyed Man,

A) Misdemeanor

B) Class B

C) No, never. I have 3 pistols and 1 AR and was only delayed for a few minutes on my first and second purchase.

Thanks for your help!

I believe that a Class B misdemeanor is a disqualifier for 5 years from date of conviction. If your conviction was in 2005, you should be OK, but you should not omit the information from your application. You may be required to provide some kind of disposition documentation by DPS in order to complete your application process, so I would line up any such materials in advance to minimize any potential delays if they hold things up pending getting that information from you.

If I'm wrong about that, someone will be along shortly to correct me, I'm sure.

[viprgtsr]

Thanks, The Annoyed Man.

Submitted on 7/1
Under Review Since 7/15

I'll keep you posted.

[Charles L. Cotton]

Thanks, The Annoyed Man.

Submitted on 7/1
Under Review Since 7/15

I'll keep you posted.

What is the maximum penalty for a Class B in Georgia?

Chas.

[E.Marquez]

What is the maximum penalty for a Class B in Georgia?

Chas.

O.C.G.A. § 17-10-3
Punishment for misdemeanors generally

(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows:

(1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;

[Charles L. Cotton]

What is the maximum penalty for a Class B in Georgia?

Chas.

O.C.G.A. § 17-10-3
Punishment for misdemeanors generally

(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows:

(1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;

I don't understand this as it appears to be a general provisions subject to exceptions. First, why have different classifications if there is only one penalty range? Secondly, this provisions states "Except as otherwise provided by law, . . ."

Chas.

[The Annoyed Man]

Thanks, The Annoyed Man.

Submitted on 7/1
Under Review Since 7/15

I'll keep you posted.

BTW, whatever Charles L. Cotton tells you, you can take as gospel. There pretty much isn't anybody on the planet that knows more about Texas CHL law than him. So take whatever he says over anything I say.

[E.Marquez]

Chas, GOOD.. I thought it was just me not understanding Government code speak..
I freind in GA sent me a link to the cite you see... but he is a new street officer and not overly familiar with the specifics of the adjudication of GA law yet..

There are some provisions I did not post in that overall cite where "by law" the punishment could be more severe, like if the accused is an inmate (I did not think it relevant to this discussion)

I read though it a bit... and honestly was a bit lost.
http://www.lexisnexis.com/hottopics/gacode/" onclick="window.open(this.href);return false;

GA also has two types of Misdemeanor..
" "Misdemeanor" and "misdemeanor of a high and aggravated nature" mean any crime other than a felony."
My assumption is the crimes covered by "high and aggravated nature" are the types referenced by the "Except as otherwise provided by law, . . ."

But I did not find what "high and aggravated nature" was specified as.

Im not very good at this law stuff......it's why I hire lawyers..

What is the maximum penalty for a Class B in Georgia?

Chas.

O.C.G.A. § 17-10-3
Punishment for misdemeanors generally

(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows:

(1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;

I don't understand this as it appears to be a general provisions subject to exceptions. First, why have different classifications if there is only one penalty range? Secondly, this provisions states "Except as otherwise provided by law, . . ."

Chas.

[Keith B]

Georgia Misdemanor law is really weird. I ran across this before. Apprently they leave it up to the jusge/jury to impose the penalty up to the maximum of $1000 fine and 12 months incarceration. They really don't have class categories, but depends on the severity of the crime.

Here is a statement from a lawyers site http://www.criminaldefenseadvice.com/ge ... eanor.html" onclick="window.open(this.href);return false;

Understanding your misdemeanor charge

If you were arrested and were charged with a misdemeanor, immediately contact the HTW&W Law Office. Our accomplished and recognized attorneys defend those charged with misdemeanors and fight for a win in court.

Under our criminal justice system, misdemeanors are crimes that are more serious than infractions, but less severe than felonies. If you do not leave your case in the hands of an experienced attorney, you could be convicted, which means a possible jail sentence of up to 1 year with a minimum 5-day sentence. Since a misdemeanor is not classified as seriously as a felony charge, defendants charged with a misdemeanor will serve their incarceration sentence in a jail facility, not prison. Punishment may also include probation, fines, jail time to be served on weekends and community service.

It is also worth noting that a misdemeanor may count as a “strike” in a state with a “three strikes law.” This is in contrast to felonies which carry imprisonment over 1 year long with much stiffer long-term consequences. Infractions (petty crimes) generally have little to no jail time and minimal consequences.

Some of the most common misdemeanors include: petty theft, vandalism, public drunkenness, prostitution and trespassing. Remember, the HTW&W Law Office is prepared to defend any of these misdemeanor charges you may be facing.

They have a category of misdemeanors of a High and Aggravated Nature. Misdemeanors of a high and aggravated nature are punishable by a fine of up to $5,000 and up to 12 months in county jail. Usually assault or battery related charges. Simple battery is a high and aggravated misdemeanor when the victim is a family member of the defendant or a person over the age of 65. Judges may also place on probation or suspend the sentences of defendants convicted of misdemeanors of a high and aggravated nature.

[gthaustex]

Georgia misdemeanor law.....clear as mud....

[viprgtsr]

So this is what I pled guilty to:

O.C.G.A. § 40-6-390. Reckless driving
(a) Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving. (b) Every person convicted of reckless driving shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both such fine and imprisonment, provided that no provision of this Code section shall be construed so as to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on probation.[2]

Additionally, I did not recieve papers showing that probation was completed because of this descrapancy. Hence, my concern.

[viprgtsr]

So I assume that I will be OK, since I'm sure that my misdemeanor falls into the "misdemeanor" category, as opposed to the "Misdemeanor of a High and Aggravated Nature." Unless Texas somehow equates the offenses to something in texas.... like reckless driving in Texas.

[Keith B]

In Texas, reckless driving is a Class C traffic misdemeanor as long as you were not trying to outrun the police or drag racing. If you disclosed the arrest on your papers you turned in to DPS, then you should be fine. If you didn't send anything showing the disposition of the arrest then they may come back wanting something from the court showing what the status is. If they request it you will only have 90 days to provide it before they can cancel your application.