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by Keith B
Fri Sep 12, 2014 9:42 am
Forum: General Texas CHL Discussion
Topic: What to do now?
Replies: 16
Views: 3236

Re: What to do now?

sjfcontrol wrote:If it was Deferred Adjudication over 10 years ago, you should be fine.

Otherwise, I'm guessing you've got a problem.

See GC §411.1711 for details
Not necessarily. Example, if the felony conviction was for possession of marijuana, then it may have been a felony at that time, but now the possession of the same amount may only be a misdemeanor. If so, then the law for what the penalty is now covers the offense. So, he may be eligible for a CHL in that manner.

See GC §411.172 (b-1) http://www.statutes.legis.state.tx.us/D ... GV.411.htm" onclick="window.open(this.href);return false;
(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
by Keith B
Fri Sep 12, 2014 8:14 am
Forum: General Texas CHL Discussion
Topic: What to do now?
Replies: 16
Views: 3236

Re: What to do now?

You did the right thing by listing it. If you hadn't you would have been falsifying a government document. They were gonna see it on the background check anyway, so you would have to provide info.

Now, for eligibility, depending on what the charge was for, it is possible that today the same possession charge could be a misdemeanor. If so, then you would only be bound by the 5 year rule, so would be eligible.

At this point, you just need to wait for the DPS technician to make the determination and if denied look into other possibilities of getting it set aside or adjudication deferred.

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