TexasCHLforum.com

My Fiance and I are wanting to get our Carry licenses together. The worry i have is if I'm Eligible... about 3 years ago i made a stupid mistake and didn't stop right away when an officer in an unmarked car had his barely visible lights on behind me a few miles down i noticed and pulled over, he was irritated so arrested me for evading arrest and because at the time I was leaving my city range omw home and had my firearm in the trunk he happily got me with "unlawful carrying"... So i ended up going to court and got the evading arrest felony REDUCED to a "on foot" evade which is a Misdemeanor the same as the Unlawful carrying and I was put on DEFERRED Probation and just finished the 2 years and had the charges Dismissed. Am i able to obtain my License with my Fiance? This was also the first and only time iv ever been in trouble for anything.

Welcome to forum. I can't answer the question regarding eligibility, but I'm curious how you could be charged with UCW if the Firearm was in the trunk and you were coming home from a shooting range?

Was this in Texas?
Anyway I think if the charges were dismissed after you cleared probation you should be fine but you will need the final disposition of the case. There are other members who are more well versed on the subject, will correct me if I'm wrong. Good luck.

10 years on any deferred unless you get it expunged, sealed, set aside, or non-disclosed.

It takes 5 years from when you get off to petition for any of those. Get Florida or Arizona.

AJSully421 wrote:10 years on any deferred unless you get it expunged, sealed, set aside, or non-disclosed.

It takes 5 years from when you get off to petition for any of those. Get Florida or Arizona.

Isn't it 10 years on a deferred felony? A misdemeanor CONVICTION is only 5 years. UCW in Texas is a Class A misdemeanor.

was this in Texas? were you under age? you can carry a gun to and from a range and home, I don't understand this.....

ScottDLS wrote:

AJSully421 wrote:10 years on any deferred unless you get it expunged, sealed, set aside, or non-disclosed.

It takes 5 years from when you get off to petition for any of those. Get Florida or Arizona.

Isn't it 10 years on a deferred felony? A misdemeanor CONVICTION is only 5 years. UCW in Texas is a Class A misdemeanor.

Last I looked at 411.171(4) and 411.1711, it did not clarify felony or misdemeanor for deferred. It does seem weird that it would be more time than if convicted, but that is what I read.

411.1711 (1) outlines certain felonies that are lifetime DQ. Only place it is mentioned.

ETA: I do seem to remember some discussion that "convicted" as defined in .171 includes misdemeanor DA as part of the 5 year time out, but that the .1711 was intended to remove what would be a lifetime DQ on a felony deferred, except for some crimes.

AJSully421 wrote:

ScottDLS wrote:

AJSully421 wrote:10 years on any deferred unless you get it expunged, sealed, set aside, or non-disclosed.

It takes 5 years from when you get off to petition for any of those. Get Florida or Arizona.

Isn't it 10 years on a deferred felony? A misdemeanor CONVICTION is only 5 years. UCW in Texas is a Class A misdemeanor.

Last I looked at 411.171(4) and 411.1711, it did not clarify felony or misdemeanor for deferred. It does seem weird that it would be more time than if convicted, but that is what I read.

411.1711 outlines certain felonies that are lifetime DQ. Only place it is mentioned.

The way I read is CONVICTED includes DA in the case of misdemeanors. If a misdemeanor conviction is only a 5 year disqualification, then so is a DA. A felony CONVICTION is a lifetime disqualifier, then the code goes on to say 10 years after a FELONY, DA is no longer a conviction, except for certain ones.

ScottDLS wrote:

AJSully421 wrote:

ScottDLS wrote:

AJSully421 wrote:10 years on any deferred unless you get it expunged, sealed, set aside, or non-disclosed.

It takes 5 years from when you get off to petition for any of those. Get Florida or Arizona.

Isn't it 10 years on a deferred felony? A misdemeanor CONVICTION is only 5 years. UCW in Texas is a Class A misdemeanor.

Last I looked at 411.171(4) and 411.1711, it did not clarify felony or misdemeanor for deferred. It does seem weird that it would be more time than if convicted, but that is what I read.

411.1711 outlines certain felonies that are lifetime DQ. Only place it is mentioned.

The way I read is CONVICTED includes DA in the case of misdemeanors. If a misdemeanor conviction is only a 5 year disqualification, then so is a DA. A felony CONVICTION is a lifetime disqualifier, then the code goes on to say 10 years after a FELONY, DA is no longer a conviction, except for certain ones.

And I think my "ETA" above and what you said are 100% in agreement.

OP, wait 5 or get Florida.

Yes in Texas, and i Didn't get deferred on a felony, It was reduced to a Misdemeanor THEN along with the other misdemeanor i was put on deferred probation, and the reason i got unlawful carrying is because the law states if committing any other crime WHILE in possession of my weapon (list of weapons) i can be slapped with that.... and i was never convicted remember... it was dismissed

(If you receive straight probation, you are convicted of the crime with which you are charged. If you receive deferred adjudication probation, you are not convicted (for purposes of Texas criminal law) unless you violate your probation.)

Also i was browsing the other posts here and found this... If i may...

Postby baldeagle » Mon Nov 15, 2010 7:58 pm
According to Charles Cotton, who is the founder of this forum and a respected lawyer and gun advocate, "Succesfully completed deferred adjudication is not a "conviction" for NICS purposes. You should be fine for both NICS checks and for your CHL."

I have also recently purchased 2 brand new guns a shotgun and a handgun from two different FFL dealers only a few months apart. (if that helps any)

thecico3 wrote:Also i was browsing the other posts here and found this... If i may...

Postby baldeagle » Mon Nov 15, 2010 7:58 pm
According to Charles Cotton, who is the founder of this forum and a respected lawyer and gun advocate, "Succesfully completed deferred adjudication is not a "conviction" for NICS purposes. You should be fine for both NICS checks and for your CHL."

Sec. 411.171. DEFINITIONS. In this subchapter:
...
(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.

Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a handgun if the person:
...
(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;

So if i get it sealed or expunged then i'm set? Or do i have to do that and THEN wait 5 years? ...this really sucks

thecico3 wrote:So if i get it sealed or expunged then i'm set? Or do i have to do that and THEN wait 5 years? ...this really sucks

You would not have to wait if sealed or expunged and could proceed immediately. However, I think you have to list the arrest to DPS if it's sealed with the disposition stating it's sealed. If expunged, I believe you can deny the incident occurred at all unless you are testifying in court in which you just say the incident was expunged.

Someone correct me if I am wrong with disclosing a sealed vs expunged record.

thecico3 wrote:So if i get it sealed or expunged then i'm set? Or do i have to do that and THEN wait 5 years? ...this really sucks

As was already said save yourself the hassle and headache and get an Arizona CHL.