Question about arrest...

[SmokeTA]

OK on the application do I have to list all my traffic violations? In my younger days I got quite a few speeding, excessive speed tickets. I was also arrested for not paying a speeding ticket once. But there was no case. I was basicly booked in at the jail a booked out, I did not spend any time in a jail cell. So I'm not really sure if there would be a disposition because I never saw a judge. Any help would be appreciated.

[dthowell]

that wont stop you from getting your CHL, but for not listing it it can. Always list everything to be on safe side.

[Crossfire]

Don't list any offenses that you were not fingerprinted and photographed for. For CHL purposes, speeding tickets are not criminal offenses.

[je2000]

This is my 1st post, but I think it's relevant here. Do they look at traffic or criminal record? What one state considers a traffic offense, another may consider a criminal.

I'm 28 and unfortunately I was a bit of an idiot a while ago and got a DUI in 2001 and a 2nd in 2004 while living in NJ. (Don't get me started on the 2nd...if it had been 3 months earlier I would've had a legal BAC.) I've learned my lesson and have had a clean record since. I look back and can't believe how dumb I was. NJ considers these to be traffic offenses and will not show up on a criminal record search. I was only printed and photographed for the 1st offense. My record is clean otherwise.

I now live 18 miles outside Austin in Cedar Creek. Should I even bother with applying? Should I only list the 1st DUI offense? On DefensiveCarry.com someone mentioned I need to wait 5+5 years...10 years so I can't get a CHL at this point in time.

I tried searching around for DWI and DUI but nothing turned up. If it's been discussed to death already a quick link will work too.

Thanks!

[seamusTX]

Welcome to the forum.

As I understand it, what matters is whether the offense is a class A or B misdemeanor in Texas now.

Adult driving while intoxicated is at least a class B misdemeanor.

I'm afraid you're out of luck until 2011, ten years after the first offense. It's precisely 10 years after the final disposition of the case, not the date of arrest. Final disposition would be when you were sentenced, assuming you only got a fine and not jail time.

The relevant law is GC §411.172(c).

The only "out" that I can think of is if your sentence in the second case was vacated at the end of probation. In some states, when you get a DWI, you can go to alcohol counseling or intensive driver ed and get probation. Texas is tougher than most.

You might be a candidate for a non-resident license in a state that has reciprocity with Texas. As I said, Texas is tougher than most states when it comes to alcohol-related offenses, and you may qualify in another state.

(This "loophole" is liable to be closed if certain people notice it, and maybe I shouldn't have mentioned it.)

If I'm wrong, I'm sure I'll hear about it.

- Jim

[je2000]

Thanks for the info. No jail time on either sentencing. Just a lot of $$ and community service. Mandatory counseling as well.

Besides a gun show or a pawn shop, would I still be eligible to purchase a handgun. I wouldn't be carrying without the CHL of course. I can wait a few more years for the CHL. In the meantime I'd like to really learn proper shooting technique and responsible ownership before I go riding around my motorcycle with a handgun in my pocket!

[seamusTX]

You can legally buy a handgun from an FFL if you have a misdemeanor conviction other than domestic violence.

Texas has no restrictions on who can buy a handgun other than being a resident of the state and at least 18 years old, and of course no felony convictions.

All the other restrictions are on the federal level. Google "form 4473" to see the specific questions.

Congratulations on wanting to do things right. You don't want to be one of those people who show up for a CHL class not knowing how to load their own pistol.

Oh, and if you don't have documentation of the final disposition of your cases, you can get it now. It sometimes takes a long time to get, and it won't be easier two years in the future.

- Jim

[blackdog8200]

One thing to consider is 2 in 10. In Texas two Alcohol/drug related offenses within ten years constitutes "Dependency" and is a no go....I think forever.....

(2) "Chemically dependent person" means a person who
frequently or repeatedly becomes i&xicated by excessive indulgence
in alcohol or uses controlled substances or danaerous druas so as to
acquire a fixed habit and an involuntary tendency to be&me intoxicated
or use those substances as often as the opportunity is
presented.

(c) An individual who has been convicted two times within
the1O-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. This subsection does not preclude the disqualification of
an individual for being a chemically dependent person if other
evidence exists to show that the person is a chemically dependent
person.


2 in 10 looks bad.....

[seamusTX]

Dependency is not a no-go forever. In the case of alcohol and drug-related convictions, you can have one in the previous ten years.

If you had a finding of dependency due to a medical diagnosis, without being convicted of a crime, you can go through rehab and be certified as cured.

- Jim

[OFT]

One thing to consider is 2 in 10. In Texas two Alcohol/drug related offenses within ten years constitutes "Dependency" and is a no go....I think forever....

Question, in 1978, I was arrested for:
1. Possession of Marijuana – Misdemeanor
2. Possession of a Controlled Substance – Misdemeanor

I received probation for both counts. I have my certified copies of dispensation for both charges. (Total 2).

My question is; since I had 2 charges, will I be denied a CHL for the “Texas two Alcohol/drug related offenses within ten years constitute Dependency” clause?

(c) An individual who has been convicted two times within
the10-year period preceding the date on which the person applies for
a license of an offense of the grade of Class B misdemeanour 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. This subsection does not preclude the disqualification of
an individual for being a chemically dependent person if other
evidence exists to show that the person is a chemically dependent
person.

I have had no other arrests, traffic tickets or any other charges at all since that one arrest 30 years ago.

Will I be denied?

Thanks for any information provided.

[Crossfire]

The key thing to remember about drug and alcohol offenses is that 1 conviction makes you ineligible for 5 years.

2 in 10 years makes you ineligible for 10 years.

Not forever, just 10 years.

[Fangs]

One thing to consider is 2 in 10. In Texas two Alcohol/drug related offenses within ten years constitutes "Dependency" and is a no go....I think forever....

...

(c) An individual who has been convicted two times within
the10-year period preceding the date on which the person applies for
a license of an offense of the grade of Class B misdemeanour or greater
that involves the use of alcohol or a controlled substance...

Doesn't sound like you have a problem to me, unless you're still chemically dependent.

[srothstein]

2. Possession of a Controlled Substance – Misdemeanor

I received probation for both counts.

I think you might have a problem but it would depend on exactly what substance you had. I don't know of any cases where this is still a misdemeanor and the CHL law says:

(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:

(1) a felony if the offense, at the time of a person's application for a license to carry a concealed handgun:

(A) is designated by a law of this state as a felony;

Note that they use the current definition of the law as a felony, no matter what it was back then.

[seamusTX]

Simple possession of small amounts of pot is still a misdemeanor in Texas:

Health & Safety Code 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;

Other controlled substances require a bit of research.

I was disillusioned of one of my misconceptions by this research: felony crimes are defined in parts of the Texas statutes other than the penal code.

Many of these possession or distribution offenses are punishable by 99 years to life in prison--worse than first-offense murder, rape, kidnapping, robbery, or burglary.

- Jim