Deferred Adjudication

[smoothoperator]

My court date is in two weeks.

I also obtained my Florida permit.

Good luck with the court case Johnny.

[ScottDLS]

Forgot to say I have no convictions because I was able to buy a few guns after the 87 deal but can't remember if I got my last gun before or after the 2000 deal.Also I am not a person who stays angry they were nothing that a lot of guys have been through Thank you.

My 2 cents...it sounds like you are OK. NO CONVICTIONS is the key. This misdemeanor "domestic violence" thing is a real trap. It's federal law since '94 and permanently bars you from buying/possessing a gun. But it requires a conviction. Even though Texas CHL treats some deferrals as a conviction,the federal law does not. And misdemeanor "deferrals" are not bars to TX CHL after 5 years.

Now just because you can buy a gun and pass the "insta-check" doesn't automatically mean you are OK, because reporting of convictions is spotty even for felonies, and the misdemeanor domestic violence thing is really hard to accurately report in NCIC.

But if as you say you have no convictions and the deferrals are 12+ years in the past, you shouldn't have any issues. OTH Navy discharge sucks, but it is administrative, not judicial, so essentially is not a criminal issue. Only you won't get the 50% CHL fee discount for veterans as it requires Honorable.

If your posts describing your issue are accurate, I think you should be OK.

-Scott

[Rays]

Thank you Scott for that bit of encouragement, I guess I fear most is the investigators will say hey this man has 2 similar charges maybe he can't control his temer, but that is not true. And they will deny me even though I meet the standards, I guess my next move is to go and try to purchase a brand new weapon that I will carry concealed in truck or on person if I can buy that is ---if I can then get started on all paper work--- I have court docket copies of the 2 incidents now so in the next week I will get started on that purchase . Thanks again Scott and ( CARRY ON) a little CHL humour

[ScottDLS]

Thank you Scott for that bit of encouragement, I guess I fear most is the investigators will say hey this man has 2 similar charges maybe he can't control his temer, but that is not true. And they will deny me even though I meet the standards, I guess my next move is to go and try to purchase a brand new weapon that I will carry concealed in truck or on person if I can buy that is ---if I can then get started on all paper work--- I have court docket copies of the 2 incidents now so in the next week I will get started on that purchase . Thanks again Scott and ( CARRY ON) a little CHL humour

Hi Rays - One thing to remember is that Texas is a "shall issue" state. The law requires a CHL to be issued if you meet the standards. You could be "charged" for murder and be acquitted at trial, and you qualify. We're still "innocent until proven guilty". There's not really much discretion involved...unlike Navy admin discharges, NJP, etc. Good luck.

[johnnyt6]

Went to court today.

Judge said she needed more time to research the issue before making her dicision.

I met with the lawyer for DPS, she was really a nice lady. She gave me lots of insight.

Apparently, back in 2009, the head lawyer's opinion was just like mine. She said she had to follow suit and she apologized for his mistake.

She kept citing section 20 of the code of criminal procedures in Texas's criminal statues.

She said that if I had a guilty plea on file and it was then set aside, we wouldn't be at court.

I explained to the judge that based on the Killard case, then Rep Vought's addition of H.B. 2370 and what it meant, the judge too questioned why my "set-aside," was not valid.

I'll keep the board posted and I will post all info after the case is resolved.

[LonesomeDoveHP]

Johnnyt6 wrote: Went to court today. Judge said she needed more time to research the issue before making her dicision.

I met with the lawyer for DPS, she was really a nice lady. She gave me lots of insight. Apparently, back in 2009, the head lawyer's opinion was just like mine. She said she had to follow suit and she apologized for his mistake. She kept citing section 20 of the code of criminal procedures in Texas's criminal statues.
She said that if I had a guilty plea on file and it was then set aside, we wouldn't be at court.

I explained to the judge that based on the Killard case, then Rep Vought's addition of H.B. 2370 and what it meant, the judge too questioned why my "set-aside," was not valid.

I'll keep the board posted and I will post all info after the case is resolved.

Hi Johnnyt6 ~ very interested in the status of your case. I have a deferred adjudication for a a Deadly Conduct Misdemeanor A ~ plea, which I was required to plea guilty too. I was a CHL holder, but because of my initial charges my license was suspended, the revoked due to my plea bargain. I completed all my requirements, paid all my fines and will have completed community service by the end of the month.

H.B. No.2730 states in SECTION 11.02. Section 411.171(4), Government Code, is amended to read as follows: (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; [or] (B) pardoned under the authority of a state orfederal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

My question is if my deferrred adjudication "dismissal" is worded as a "set aside" will that be of value to 1) reinstate my CHL after my 2 year penality due to the revokation of my original CHL, 2) void the 5 year penality due to the Deferred Adjudicatio Misdemeanor A initial charge. Also, do you have any idea if a Set Aside wording would allow a Deadly Conduct deferred adjudication dismissal to immediately quality for a Motion for Non-disclosure.

Thanks!

[Mhop83]

If I received deferred adjudication for crime I committed when I was 16 and spent time in the Texas youth commission I am now 32 will I be able to get a CHL?

[Keith B]

If I received deferred adjudication for crime I committed when I was 16 and spent time in the Texas youth commission I am now 32 will I be able to get a CHL?

Depends on what the crime was. There are some crimes that are permanently disqualifying.

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 or 25.072, 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). ---
Last amended by Acts 2013, 83rd Leg., R.S., Ch. 96 (S.B. 743), Sec. 7, eff. Sept. 1, 2013

[T.Chaney]

Others can verify,but you should be able to get a carry license from Arizona that will cover you in TX.I just got my kit in the mail to get an non resident permit so if by chance I lose my TX license during an investigation(God forbid)I will still be legally able to carry here in TX.Other reasons for a second or third permit are to stagger renewal dates,or keep your Az.permit safe at home so if your wallet gets stolen or lost you still have legal carry options.I know there are several here on the forum that have TX.,Az.,Fla.and other states as backups.There is a section on the forum(Out of State/ permits that will help on this.

[Keith B]

Others can verify,but you should be able to get a carry license from Arizona that will cover you in TX.I just got my kit in the mail to get an non resident permit so if by chance I lose my TX license during an investigation(God forbid)I will still be legally able to carry here in TX.Other reasons for a second or third permit are to stagger renewal dates,or keep your Az.permit safe at home so if your wallet gets stolen or lost you still have legal carry options.I know there are several here on the forum that have TX.,Az.,Fla.and other states as backups.There is a section on the forum(Out of State/ permits that will help on this.

Still depends on what the charge was. Arizona has disqualifiers too.