No CHL! How to avoid problems?

CHL discussions that do not fit into more specific topics

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03Lightningrocks
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Re: No CHL! How to avoid problems?

#31

Post by 03Lightningrocks »

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Gold3n
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Re: No CHL! How to avoid problems?

#32

Post by Gold3n »

Wow. Thanks for all the replys!!! Seriously. All this information helps a lot. I've stopped carrying my pistol in an IWB holster for some time now. It makes me nervous because I don't have a license and sometimes I guess I have unintentionally broken the law for having it on me, e.g like filling up my gas tank. :shock: I will get into more detail about why I want to use an IWB holster shortly.

The whole thing about the rifles in my back seat story happened a long time ago. I keep have my rifles in plastic locked cases going to and from the range. The police officer that night set me straight on that! lol. It did look pretty bad. As for throwing a towel over my gun while driving. I will agree that was probably a stupid habit to develop. It's usually in the crevice of my seat with a small towel covering it. I like doing this because i can get to it fast if I need to. If it's in my glove box it takes to long to get to. I quit laying it on the passenger seat because of what someone mentioned already. Didn't want to hit my brakes hard and see if the gun stays in the seat. In between the crevice of my driver seat and middle console it's pretty secure. I even thought about mounting my holster there but that probably wouldn't be legal or look very good to law enforcement.

Also, I thought I had an ok routine for getting pulled over. I never said I was fumbling around while the police officer is approaching my vehicle. No kidding that would make him/her nervous as hell. I keep my licence and insurance in my middle console for easy access and my gun is always in the glove box before I even pull over. I believe you have 1/4 of a mile to pull over or something after you see lights which is plenty of time. It's just a little more complicated to shift gears, open the glove box, grab the gun and lay it in there, then close the glove box. Then pull over and have my license and insurance ready. Also, I roll all my windows down and always keep my hands on the steering wheel until the officer asks me to do otherwise, such as hand him my license and registration or get out of the vehicle. I'm not trying to get shot or tased. lol.

I will continue to do some more research and read your replys. There's a lot of them. When I have more time I will explain my full daily routine for carrying. This includes picking up my daughter from high school (never bring my gun in this case), going to work, going to a family business, and at home, ect. As far as my criminal history and eligibility for CHL licensing, I would be glad to explain further details if that help determine or not if I can get one. I might have some time later tonight. Thanks again everyone!

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Gold3n
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Re: No CHL! How to avoid problems?

#33

Post by Gold3n »

And also I was never convicted of a Felony.

My adult record has a class C misdemeanor theft charge and a Class B Misdemeanor Evading arrest charge. All misdemeanors no felonies! I need to learn the law better tho so I don't end up getting a felony. Especially over just trying to protect myself, my family, and my business. Your information is greatly appreciated!
Last edited by Gold3n on Sat Feb 08, 2014 9:11 pm, edited 1 time in total.

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Gold3n
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Re: No CHL! How to avoid problems?

#34

Post by Gold3n »

LOL> People. It is some heavy stuff but hey I need questions answered. I own a business that I pay rent for and plan on protecting my employees and income. Not to mention that there are some pretty crappy people out here in the Houston area. I don't feel secure not having a gun on me. The company of the property sold me a lease that has no mention of firearms in the contract and as far as the leasing agent was concerned it isn't a problem. I also own a business that requires me to go house to house throughout the city. I always keep a gun in my vehicle for that as well.

The last incident I had with police involved me running away form law enforcement because of marijuana. Which considering it's process of legalization throughout the country, it shouldn't of happened anyways! lol. But yes I know better than to run from law enforcement now! Even though they didn't catch me the officer knew who I was. I turned myself in later after finishing my weedies! Talk about a major setback! I was halfway through graduating from college when this happened. And no I didn't have my gun on me while smoking weed. I at least know better than that. Either way I don't have to worry about it now since I was never a heavy drinker or hardcore weed smoker anyways. That _______ was an occasional thing. Well that's my story for now. Things are getting way to personal in here. lol. What do you guys think my chances of getting a CHL is?
Last edited by Gold3n on Sat Feb 08, 2014 9:25 pm, edited 2 times in total.
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03Lightningrocks
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Re: No CHL! How to avoid problems?

#35

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HKMike
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Re: No CHL! How to avoid problems?

#36

Post by HKMike »

Fill out an application and wait for a reply from DPS. Short and sweet.
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Carzan
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Re: No CHL! How to avoid problems?

#37

Post by Carzan »

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Badges!?!?, We don't need no stinkin Badges!!!

mikeloc
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Re: No CHL! How to avoid problems?

#38

Post by mikeloc »

Class B Misdemeanor must be over five years from your court date. If that's the case than:
HKMike wrote:Fill out an application and wait for a reply from DPS. Short and sweet.
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tbrown
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Re: No CHL! How to avoid problems?

#39

Post by tbrown »

HKMike wrote:Fill out an application and wait for a reply from DPS. Short and sweet.
That works. :cheers2:
sent to you from my safe space in the hill country

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Gold3n
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Re: No CHL! How to avoid problems?

#40

Post by Gold3n »

I've made a decision to just keep my firearms at home for now. At least until I take a CHL course and/or receive a license sometime this year or next year. It seems I have a lot to learn about legally carrying. I'm sure things would get more complicated if I were to get caught in a situation where I wasn't carrying legal and possibly needed to use my weapon. So until I figure all of this out.... I will chill out on carrying on my person and most of the time in my vehicle. I'll opt for carrying the biggest legal knife possible to make me feel better. lol. But if I do choose to keep a gun in my vehicle I will store it in the glove compartment which reminds me that I need to fix the key lock mechanism in my car to help with preventing my gun from being stolen when I need to leave it in the car. Which is another good reason to have a CHL. Leaving your gun in the car allows access to criminals to steal it! Not good for anyone!

Either way I will apply for my CHL later this year and see what happens. And to the people who commented saying they have a problem with me carrying. First of all you don't even know me and judge me based on my previous arrests. Which most are very old. I've paid for my mistakes and have corrected the lifestyle choices that led me to those mistakes! The last thing was because of weed but like I said, I don't even smoke anymore and at the time my only explanation is when somebody threatens you and you're stoned, your natural instinct is to run! lol. Seriously! But anyways I don't drink alcohol or do drugs! Period. If weed ever gets legalized in TX then I'll probably smoke again (without my weapon around of course). But until then most likely not. The petty theft thing happened when I was 18. I was a broke stupid kid who didn't even graduate high school yet. Things happens and people make mistakes! Since then I haven't stolen a penny from anyone and seen first hand why stealing is wrong. I'll admit at the time I just didn't know any better. Also don't assume I'm some hot tempered idiot that can't control my emotions because of the assault thing. I'm the guy that usually smiles and waves back to the guy giving me the finger in traffic! lol. The assault thing happened when I was 16 and angry for something somebody did to my friend! At least now I know to let law enforcement handle law situations! Which kind of helps with the "should I shoot this guy or not" situation if that ever occurs! I'll of course always opt for the police to handle it but if there's no time and I'm in fear for my life or a loved ones life then I will have no choice but to shoot! Of course I need to be legally carrying at the time. :nono: Which is why I will stop carrying for now until I figure this out!

This video I watched is kind of helpful. Also confusing. lol I have a lot to learn! " onclick="window.open(this.href);return false;

Also thanks for the posts! The CHL class should help! I'll let you guys know what happens!

cprems
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Re: No CHL! How to avoid problems?

#41

Post by cprems »

Here is what I would do.

Go to the clerk office of the Court(s) where you were "convicted" and put on probation. Get a certified copy of your "convictions" first. I'm using the word convicted as written under the statute. ANY probation or deferred adjudication is considered a conviction under Texas law. I don't agree with it, but it is what it is.

They will charge a nominal page fee.

Get this done first. Once you get these, come back here and ask any questions.

If you are serious about getting your CHL, this is the first step that is needed. DPS will need this paperwork and the results of the convictions.

HTH.
04/01/2013 - Online application
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jbarn
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Re: No CHL! How to avoid problems?

#42

Post by jbarn »

cprems wrote:Here is what I would do.

Go to the clerk office of the Court(s) where you were "convicted" and put on probation. Get a certified copy of your "convictions" first. I'm using the word convicted as written under the statute. ANY probation or deferred adjudication is considered a conviction under Texas law. I don't agree with it, but it is what it is.

They will charge a nominal page fee.

Get this done first. Once you get these, come back here and ask any questions.

If you are serious about getting your CHL, this is the first step that is needed. DPS will need this paperwork and the results of the convictions.

HTH.
You probably meant this; but a deferred is only considered a conviction for certain purposes. For example, for CHL it is a conviction, for federal purposes of transferring a firearm it is not.
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WildBill
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Re: No CHL! How to avoid problems?

#43

Post by WildBill »

jbarn wrote:
cprems wrote:Here is what I would do.

Go to the clerk office of the Court(s) where you were "convicted" and put on probation. Get a certified copy of your "convictions" first. I'm using the word convicted as written under the statute. ANY probation or deferred adjudication is considered a conviction under Texas law. I don't agree with it, but it is what it is.

They will charge a nominal page fee.

Get this done first. Once you get these, come back here and ask any questions.

If you are serious about getting your CHL, this is the first step that is needed. DPS will need this paperwork and the results of the convictions.

HTH.
You probably meant this; but a deferred is only considered a conviction for certain purposes. For example, for CHL it is a conviction, for federal purposes of transferring a firearm it is not.
That is why he put "convictions" in quotation marks.
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lws380
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Re: No CHL! How to avoid problems?

#44

Post by lws380 »

Gold3n wrote:. If weed ever gets legalized in TX then I'll probably smoke again (without my weapon around of course). But until then most likely not.
Most likely not does not sound like "I will not". Also, you may want to re-think the, "If weed ever gets legalized in TX then I'll probably smoke again (without my weapon around of course)." Colorado has passed legalization, but you can not get a handgun permit if you use it. Here is a message on the Mesa County Sheriff's Office website. It appears there is conflict between legalization by states vs. federal law.


Medical & Personal Use Amounts of Marijuana: While the Colorado Constitution allows for an affirmative defense for the personal possession of marijuana and/or if the individual possessing marijuana has a valid state registry card or falls under the rules of the Colorado Medical Marijuana registry as a caregiver, possession of marijuana, while legal under Colorado law is still a violation under Federal law. For the purpose of issuing concealed handgun permits, possession of or use of marijuana is still a disqualifying factor. If you possess marijuana in any form, you must answer question #8 (under applicant history) on the CHP application form, in the affirmative
.

You are correct in that I do not know you. But my best guess you are still a user of marijuana from your comment, " But until then most likely not." That statement just does not sound that convincing to me. Just like when people go to the doctor and he ask how much alcohol do you consume? Doctors will generally double the number you give them, as most that do drink will give a lower number. And most people are not going to publicly admit to illegal use on a public forum. Any use of marijuana in Texas would be illegal use for now. That use appears that it would even exclude you from buying a gun. ATF form 4473 number 11, question e. asks, "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" So I guess if answered truthfully, someone that uses marijuana in Texas is an unlawful user. But of course I'm sure users just lie on the form. Because, if you answer it truthfully, an FFL is not allowed to transfer a gun to you as stated in the 4473. However, certification portion of the form states, "I also understand that making any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a felony under federal law, and may be also a violate State and/or local law."
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jbarn
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Re: No CHL! How to avoid problems?

#45

Post by jbarn »

WildBill wrote:
jbarn wrote:
cprems wrote:Here is what I would do.

Go to the clerk office of the Court(s) where you were "convicted" and put on probation. Get a certified copy of your "convictions" first. I'm using the word convicted as written under the statute. ANY probation or deferred adjudication is considered a conviction under Texas law. I don't agree with it, but it is what it is.

They will charge a nominal page fee.

Get this done first. Once you get these, come back here and ask any questions.

If you are serious about getting your CHL, this is the first step that is needed. DPS will need this paperwork and the results of the convictions.

HTH.
You probably meant this; but a deferred is only considered a conviction for certain purposes. For example, for CHL it is a conviction, for federal purposes of transferring a firearm it is not.
That is why he put "convictions" in quotation marks.
Perhaps
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TCLEOSE Instructor (now TCOLE)
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