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by TexCaboCat
Fri Feb 05, 2010 1:39 pm
Forum: General Texas CHL Discussion
Topic: CHL Arrest history *Help*
Replies: 10
Views: 2903

Re: CHL Arrest history *Help*

I believe his conviction falls under the "disorderly conduct" group of violations and if this is the case he will not be allowed to get his CHL for at least 5 years from the time he was convicted (not the time from the incident). Being under the age of 18 has nothing to do with it. If the charges were dropped then he will have to show proof that they were and he should be able to get his CHL. Disorderly Conduct infractions are taken very seriously by the state because it shows a tendency for an individual to not be able to control him or her self.



PC §42.01
Disorderly Conduct
A person commits an offense if he intentionally or knowingly:
Uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of peace;
makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of peace;
creates, by chemical means, a noxious and unreasonable odor in a public places;
abuses or threatens a person in a public place in an obviously offensive manner;
makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
fights with another in a public place;
enters on the property of another and for a lewd or unlawful purpose looks into a dwelling on the property through any window or other opening in the dwelling;
while on the premises of a hotel or comparable establishment, for a lewd or unlawful purpose looks into a guest room not his own through a window or other opening in the room;
discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001,Local Government Code;
displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
discharges a firearm or other deadly weapon in a public place in a manner calculated to alarm;
exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act.

It is defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct

For purposes of this section:
an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and
a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or a peace officer that the noise is a public nuisance.

An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(9) or (a)(10), in which event is a Class B misdemeanor.

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