state fair carry?

[CHL/LEO]

Kyle - thanks for the feedback regarding the CHL disqualifiers. Are you sure about a PI conviction being one? I know that DC which is a Class C will set you back but I wasn't aware of PI.

[seamusTX]

GC § 411.172 (c) An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter.

PC § 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another....
(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor....
(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

It doesn't look from this like public intoxication is a disqualifier.

- Jim

[BrassMonkey]

The highlighted section is not correct..

Don't curse yourself. I think they have had additional training now and the last few times have been relatively trouble free. I will say this though, make sure you have a pocket notebook and pen to record who you talked to and when. If there is any trouble and you need to complain, dates times and names make a difference. Also, the mere presence of such a record will curtail the security supervisors' attitude if he's feeling froggy.

CHL/LEO

Having had to undergo several background checks for various reasons, I have some practical experience for my comparisons. You can have a PI on your record, you can owe alimony/child support and you can have an outstanding student loan and not be disqualified from law enforcement. All three will disqualify you (at least temporarily) from a CHL. Also, you can become a peace officer with a felonious deferred adjudication on your record, but no CHL. This is in the statutes to read and only a few of the differences.

I have personal and first hand knowledge of members of local law enforcement that have had their records expunged (as BrassMonkey has already elucidated) by the hiring agency. So aside from statutory comparisons there is the personal experience as well.

I hope this answers the question.

[srothstein]

GC § 411.172 (c) An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter.

PC § 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another....
(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor....
(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

It doesn't look from this like public intoxication is a disqualifier.

- Jim

Sometimes you need to look a little further to be safe. A third PI for a minor is a Class B misdemeanor. Checking it just now to be sure, I found they appear to have repealed it as an upgrade for everyone (any third used to be class B), but the reference to the ABC still has the third time upgrade.

So, a single PI is not a disqualifier, but a third might be.

[pmg47]

The last four years I have been to the fair I have had to wait anywhere from 10 to 20 mins while the fair employee gets there to take your info.I always chat with the older lady at the gate, who has had a CHL from the beginning of time,but can "NOT "carry at work.

The "security screeners",joke, always look at me weird when I tell them I have a CHL and I am carrying, then say, "For real, you are carrying a gun?". I say yes, just take me to the gate and they will take care of it. Then they say again"You have a gun?'

Then the wait begins!

But I will carry any time I go to the fair or anywhere else I am allowed too.

Why have a CHL if you don't carry!!

[Dragonfighter]

The highlighted section is not correct..


All three will disqualify you (at least temporarily) from a CHL. Also, you can become a peace officer with a felonious deferred adjudication on your record, but no CHL. This is in the statutes to read and only a few of the differences.

This is a retry, the first one took to long and I lost it.

§ 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
person is not convicted, as that term is defined by Section 411.171,
if an order of deferred adjudication was entered against the person
on a date not less than 10 years preceding the date of the person's
application for a license under this subchapter unless the order of
deferred adjudication was entered against the person for an offense
under Title 5, Penal Code, or Chapter 29, Penal Code.

Okay so the CHL restriction is temporary but mandatory for 10 years.

As to the peace officer:

§ 1701.312. DISQUALIFICATION: FELONY CONVICTION OR
PLACEMENT ON COMMUNITY SUPERVISION. (a) A person who has been
convicted of a felony is disqualified to be an officer, public
security officer, or county jailer, and the commission may not
issue a license to, and a law enforcement agency may not appoint or
employ, the person.
(b) For purposes of this section and Section 1701.502, a
person is convicted of a felony if a court enters an adjudication of
guilt against the person on a felony offense under the laws of this
or another state or the United States, regardless of whether:
(1) the sentence is subsequently probated and the
person is discharged from community supervision;
(2) the accusation, complaint, information, or
indictment against the person is dismissed and the person is
released from all penalties and disabilities resulting from the
offense; or
(3) the person is pardoned for the offense, unless the
pardon is granted expressly for subsequent proof of innocence.
(c) The commission, on receipt of a certified copy of a
court's judgment under Article 42.011, Code of Criminal Procedure,
shall note on the person's licensing records the conviction or
community supervision indicated by the judgment.

This is from the Texas Occupations Code. It does not address deferred adjudication specifically. The Code of Criminal Procedure states:

Except as provided by Section 12.42(g), Penal Code, a dismissal and discharge under this section may not be deemed a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of an offense. For any defendant who receives a dismissal and discharge under this section:

<SNIP>

(2) if the defendant is an applicant for a license or is a licensee under Chapter 42, Human Resources Code, the Texas Department of Human Services may consider {Not Mandatory-DF} the fact that the defendant previously has received community supervision with a deferred adjudication of guilt under this section in issuing, renewing, denying, or revoking a license under that chapter; and

So let me modify my previous statement, "You can become a peace officer with a felonious deferred adjudication (with certain exclusions) but not a CHL for a period of ten years." The exclusion against the CHL is mandated whereas the exclusion for peace officer licensure is discretionary.

I have personal knowledge of peace officers working that have defereed adjudications that to my knowledge were not expunged. I also do not know how long in the past they were. As an aside there are provisions wherein you, as a private citizen can have a DA expunged after fulfilling the requirements.

[Photoman]

I carried last year with no problem. There was zero contact with DPD. It was all State Fair personnel.

As an aside, the typical minimum wage wand operator does a poor, poor job of detection. There are parts of your body that 99 out of 100 times they will not wand. If you are the "lucky" 1 out of 100, just show them your CHL.

If the "information database" issue bothers you that much, get creative. Personally, I don't think it's worth worrying about.

[doejohn]

http://www.bigtex.com/generalinfo/faqs/bring.html