Search found 3 matches

by Charles L. Cotton
Wed Oct 08, 2008 3:22 pm
Forum: General Texas CHL Discussion
Topic: Can I get my CHL or Yes or No
Replies: 30
Views: 3097

Re: Can I get my CHL or Yes or No

txflyer wrote:My understanding of the law:

A privately owned parking lot can be posted with a 30.06 sign. A publicly owned one cannot.

The premises definition is for things like schools where you can't carry into the building, but can lock the weapon up in the parking lot or carry concealed when dropping little Johnny off.

From the LS-16 FAQ

Q: If I drive to a shopping mall that does not permit handguns, will I be
allowed to park in the parking lot and leave my gun in the car?

A: If the parking lot is not posted with the sign described above (30.06),
handguns may be left in the cars. However, if the sign is posted in or
at the entrance to the parking lot, you may not.

Q: Can a license holder have a handgun in the license holder's
vehicle in a school parking lot?
A: A license holder is not prohibited from having a handgun in his or
her vehicle in a school parking lot. (School employees should know
and comply with their employer's policy on this point.) However, it is a
criminal offense for any person who is on school property to exhibi,
use, or threaten to exhibit or use a firearm. See Texas Education
Code 5 37.125(a).
Correct. The narrow definition of "premises" found in TPC §46.035(f)(3) applies only to locations that are made off-limits under TPC §§ 46.03 or 46.035.

Chas.
by Charles L. Cotton
Tue Sep 30, 2008 10:49 am
Forum: General Texas CHL Discussion
Topic: Can I get my CHL or Yes or No
Replies: 30
Views: 3097

Re: Can I get my CHL or Yes or No

srothstein wrote:From what I have read, and I am no expert on this, it will depend on exactly how the deferred adjudication was entered in the court records. Some courts have required a finding of guilt, then sentenced the person to probation, and then found the person not guilty when the probation was completed. Under DPS rules, this counts as a conviction.

But, some courts also used deferred adjudication as a form of pre-trial diversion. In these cases, the judge ordered the probation with no plea or finding of guilt. After the probationw as completed, the case was dismissed. If this is what happened, you might be eligible for a CHL.
Correct. There are two Texas Supreme Court cases directly on point. In my view it's a distinction without a difference, but that is the case law in Texas.

If this occurred in Texas, then you should be fine as Texas courts never enter a finding of "guilt" in connection with deferred adjudication. If this happened in another state, it will depend upon whether the court made a docket entry of "guilt" then set it aside later. If this occurred, you have a conviction for purposes of a Texas CHL, but not for NICS or anywhere else in the free world.


Chas.
by Charles L. Cotton
Mon Sep 29, 2008 7:27 pm
Forum: General Texas CHL Discussion
Topic: Can I get my CHL or Yes or No
Replies: 30
Views: 3097

Re: Can I get my CHL or Yes or No

Get a Utah CFP. Utah doesn't treat deferred adjudication as a conviction.

Chas.

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