Am I permanntly disqualified from CHP?

[mary... the cat lady]

Ok, here is my story... 25 years ago I wrote a bad check for $251 and change. I was indicted and plead guilty to felony theft by check. I served 2 years probation, made full restitution, and was told at the end of successfully completing my probation that I could apply to have my gun rights restored. I foolishly did not persue this. Now, here it is 2008, and I now have been assaulted once and was the target of a murder for hire case from my ex who is now serving 20 years in prison in Texas. I will be in fear of my life whenever my ex is released on parole. I now have the desire to be able to protect myself when that day happens... alas I fear that I may not be able to. So, am I precluded from being able to aquire a concealed handgun license, or even being able to have a weapon in my home? Any advice?

[RPBrown]

A theft by check of that amount is not usually a felony. If it was not a felony, your good to go.

[mary... the cat lady]

That amount is not now a felony, but in 1983 I guess it was, because that is what I was charged with.

[RPBrown]

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 an offense
under Title 5, Penal Code, or Chapter 29, Penal Code.


Charles or one of the other lawyers can answer better than but this may also apply

[The Annoyed Man]

So, am I precluded from being able to aquire a concealed handgun license, or even being able to have a weapon in my home? Any advice?

Consult a lawyer, particularly one who specializes in these types of matters. You may well get your gun rights back, if you ever indeed lost them in the first place; but it is difficult to give you an answer one way or another without having actual access to your records. A lawyer can do that for you and then advise you on how to proceed. If you call one very soon, you should be able to rectify the situation long before your ex ever gets out of the big house.

Depending on your location, one of the attorneys who is a member of this board may be able to recommend someone in your area who could help you. If I were in your shoes, that is how I would proceed. Best of luck to you. I hope you are able to get it all squared away and get a measure of peace about it all.

[mary... the cat lady]

Thank you for your reply. FYI, I live in southeast Texas in the Beaumont/Port Arthur area.

[MoJo]

Welcome Mary - - - lots of good folks and knowledge here.

[Keith B]

That amount is not now a felony, but in 1983 I guess it was, because that is what I was charged with.

25 years ago, the felony limit was $250. You were $2 over.

You will need see what your record shows. Could you have possibly gotten a deferred adjudication since you served parole? It may have been expunged from your record. That may have been what they meant by being able to get your gun rights back. I am not a lawyer and not near as smart on the legal side of this as some here, but you need to find out what your record shows now. The county in which you were charged should be able to help with that. If it still shows a felony conviction, you might consult a lawyer and see if there is any way to get it expunged and cleared.

Good luck!

[Crossfire]

This may be important, if the amount is not now a felony grade offense:

GC §411.172.
(b) For the purposes of this section, an offense under the laws of this
state, another state, or the United States is:
(1) a felony if the offense, at the time of a person's application for
a license to carry a concealed handgun:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law
of this state as a felony; or
(C) is punishable by confinement for one year or more in a
penitentiary ;

[Charles L. Cotton]

This may be important, if the amount is not now a felony grade offense:

GC §411.172.
(b) For the purposes of this section, an offense under the laws of this
state, another state, or the United States is:
(1) a felony if the offense, at the time of a person's application for
a license to carry a concealed handgun:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law
of this state as a felony; or
(C) is punishable by confinement for one year or more in a
penitentiary ;

Regardless what it was at the time, it's not a "felony" for purposes of a current CHL application. Just get the disposition records you're going to need and apply for your CHL. Also, if the disposition records don't show the amount of the bad check, get something from the Court that shows the amount. If all you have is something reading "felony bad check" then there is no way for DPS to know if the amount would constitute a felony currently. (BTW, you are now only the second person I know of who has been benefited by this recent change in the law. Unfortunately, I know of two that were hurt by it.)

Chas.

[mary... the cat lady]

Thank you all so much for your input. I do have records stating the amount of the check, so I guess that it is time to move forward and see what happens...

[Charles L. Cotton]

Thank you all so much for your input. I do have records stating the amount of the check, so I guess that it is time to move forward and see what happens...

I think you'll be fine, but let me know if you have any trouble.

Chas.

[mary... the cat lady]

So, i guess i have one more question... On the preliminary application where it asks if i agree or disagree that I have a felony conviction, how do I answer? If what I did is not considered a felony for the purposes of getting a handgun license, do i answer agree or disagree? I mean i was, but it is not a felony now for CHP purposes, but it was at the time... any more advice?