Eligibilty question

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guyinTexas
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Posts in topic: 2
Posts: 8
Joined: Sun Dec 23, 2012 11:58 pm

Eligibilty question

#1

Post by guyinTexas »

New guy here, been reading the forums hoping I could find an answer before I pull the trigger on $140 and training costs. I have read various posts from some claiming to know felons with chl’s to others stating that simply being charged with one or certain misdemeanors makes you ineligible. I think I have a unique background situation and overall it seems that there are some pretty knowledgeable folks on here regarding handgun law in Texas which is why I am seeking informed opinions. I have researched somewhat online, but I would really appreciate what people in the know would have to contribute. We live on the outskirts of town and back up to a ranch and are somewhat isolated. That fact along with recent news events have led me to strongly consider applying for a CHL, something I never really considered until now. Here we go:

I was charged with burglary of a vehicle in 1991, given 4 years deferred adjudication probation. About 2 years into it, I violated the terms for writing a bad check at which point I was given probation for that (I was on double probation at that point). I was given 60 days in jail for violating the 1st probation and had an additional 2 years added (in order to pay off fines from original probation). I know, I was young and very stupid and very irresponsible. Because of the violation, I was told I was now on regular probation. All of this ended in 1997 with an unsatisfactory termination.

I’ve been called to jury duty once a few years back (early 2000's) and also been registered to vote and have on just about every election since I knew I could. I have recently pulled my record from DPS to see what was on there and on the final pleading for this offense it states "guilty" even though I originally plead no contest. The offense I was charged with was downgraded to a misdemeanor by Texas law in 1993 and therein lies my question: am I eligible for a CHL? I ask because of the following:

Texas GC 411.172 14 (b) thru (b-1)
(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary; and
(2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.
(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at the time of a person's application for a license to carry a concealed handgun, 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.
12-30-12---applied online
01-02-13---mailed in paperwork
01-04-13---fingerprints done
01-23-13---fingerprints, background check under review
01-23-13---chl print pending completion of application review
02-03-13---manufacturing pending
02-05-13---manufacturing
02-06-13---mailed
02-09-13---plastic!!!
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Crossfire
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Re: Eligibilty question

#2

Post by Crossfire »

It appears you have already answered your own question. If your offense has now been reclassified as a misdemeanor, then you are good to go.
Texas LTC Instructor, FFL, IdentoGO Fingerprinting Partner
http://www.Crossfire-Training.com

Topic author
guyinTexas
Junior Member
Posts in topic: 2
Posts: 8
Joined: Sun Dec 23, 2012 11:58 pm

Re: Eligibilty question

#3

Post by guyinTexas »

Thanks for the quick and candid response. Never thought I'd have to consider getting a chl, but it's nice to know I have the option. I will post the process as I go along, I'm guessing sometime in January maybe? Thanks again.
12-30-12---applied online
01-02-13---mailed in paperwork
01-04-13---fingerprints done
01-23-13---fingerprints, background check under review
01-23-13---chl print pending completion of application review
02-03-13---manufacturing pending
02-05-13---manufacturing
02-06-13---mailed
02-09-13---plastic!!!
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