TexasCHLforum.com

Gambit wrote:Hello everyone,

I will start out by directing everyone to the Thread that started my whole journey.
viewtopic.php?f=7&t=36550

Since then, I have applied for my Florida CHL and am carring under Floridas CHL. I have also requested and recieved a "Seal of Record" from the Judge in my district.

Fast forward to today I am typing up a letter to send to the TDPS CHL law Dept to inquire about my eligibility for a Texas CHL. I thought you gentlmen may want to read it over and give me some input. And maybe help someone in the same boat as I. Charles your input would be emensly appreciated, Wish me luck.

Hello
I am enquiring about a CHL license Number ###### .
Here is the background to my enquiry. I was charged with Burglary of Habitation (Penal Code section 30.02) and deferred adjudicated in 1991. I completed the probationary period and was terminated from probation early (4 years instead of ten). In 2005 the State added GC 411.1711 to the “Texas Concealed Handgun Laws and Selected Statutes”

GC § 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:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07, Penal Code; or

I then applied and received a Texas CHL and carried until 2009.
It was revoked by the state in 2010, when a change took effect in 2009 in a legislative change which added the below (highlighted) into ‘GC 411.1711 Certain exemptions from Convictions’. I added the statute below for your convenience. Which is on page 3-4 of the “2009 Texas Concealed Handgun Laws and Selected Statutes” .

GC § 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:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable
under Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains
elements that are substantially similar to the elements of an offense listed
in Subdivision (1).

I recently contacted my lawyer that represented me in 1991 and requested a “Seal of Records” from the Judge. The Judge granted the request this year 2011.



And now my enquiry is:
Since under Section (4) Sub Section (C) in “GC 411.171 Definitions” States:

“GC §411.171. DEFINITIONS In this subchapter:
(1) removed for focus
(2) removed for focus
(3) removed for focus.
(4) "Convicted" means an adjudication of guilt or, except as provided
in Section 411.1711, an order of deferred adjudication entered against
a person by a court of competent jurisdiction whether or not the imposition
of the sentence is subsequently probated and the person is discharged
from community supervision. The term does not include an adjudication
of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided,
or sealed under any state or federal law.

Would “GC 411.1711 CERTAIN EXEMPTIONS FROM CONVICTIONS” which disqualified me from my CHL; apply to me since “GC 411.171 Definitions” excludes me from the “Convictions” definition?
Thank you for your time an I will be looking forward to your reply.

Any input from you fine gentlmen??