Eligibility question

[Hookm32]

I got a call regarding eligibility for CHL. The person has a conviction for a Class C Misd (TEX) in 2007, served 9 months probation, it was for "simple assault" , under eligibility it only mentions Class A or B Misd or similar charge in last 5 years.

Would this class C prevent him from getting CHL

Thanks for any info

[Crossfire]

no

[Tic Tac]

I think cussing in public is the only class C that's a problem specifically for Texas CHL. (DV is also a fed problem.)

[Jaguar]

I think cussing in public is the only class C that's a problem specifically for Texas CHL. (DV is also a fed problem.)

Can you expand on this? I haven't seen a "cussing in public" issue before.

[MoJo]

no

Unless it's a Class C domestic violence conviction.

[JP171]

I think cussing in public is the only class C that's a problem specifically for Texas CHL. (DV is also a fed problem.)

Can you expand on this? I haven't seen a "cussing in public" issue before.

cussing in public and causing a breach of the peace by the utterance of vulgarities = Disorderly conduct

[nyj]

"You got a call"?

[Jaguar]

I think cussing in public is the only class C that's a problem specifically for Texas CHL. (DV is also a fed problem.)

Can you expand on this? I haven't seen a "cussing in public" issue before.

cussing in public and causing a breach of the peace by the utterance of vulgarities = Disorderly conduct

Okay, but how is it "a problem specifically for Texas CHL"?

[Keith B]

I think cussing in public is the only class C that's a problem specifically for Texas CHL. (DV is also a fed problem.)

Can you expand on this? I haven't seen a "cussing in public" issue before.

cussing in public and causing a breach of the peace by the utterance of vulgarities = Disorderly conduct

Okay, but how is it "a problem specifically for Texas CHL"?

Cussing in public can earn you a disorderly conduct charge. Disorderly Conduct (TPC 42.01) is a Class C misdemeanor, but is one of the disqualifiers.

GC §411.172. ELIGIBILITY.
(a) A person is eligible for a license to carry a concealed handgun if the person:
(4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
....
(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;

A conviction under 42.01 makes you ineligible just like a Class A or B misdemeanor.

[Jaguar]

I think cussing in public is the only class C that's a problem specifically for Texas CHL. (DV is also a fed problem.)

Can you expand on this? I haven't seen a "cussing in public" issue before.

cussing in public and causing a breach of the peace by the utterance of vulgarities = Disorderly conduct

Okay, but how is it "a problem specifically for Texas CHL"?

Cussing in public can earn you a disorderly conduct charge. Disorderly Conduct (TPC 42.01) is a Class C misdemeanor, but is one of the disqualifiers.

GC §411.172. ELIGIBILITY.
(a) A person is eligible for a license to carry a concealed handgun if the person:
(4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
....
(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;

A conviction under 42.01 makes you ineligible just like a Class A or B misdemeanor.

Okay, thanks for that. To the larger point, “cussing in public” isn’t something special a CHL holder has to look out for. It is part of the disorderly conduct offenses which range from gestures, odors, abuse, threats, noise, fighting, discharging firearms, displaying firearms, to indecent exposure and peeping. The cussing and offensive gestures have to be in a manner that “tends to incite an immediate breach of the peace.”

The "cussing in public" is a path to disorderly conduct, but I would assume it has to be fairly disorderly to draw the ire of police, a few choice words after hitting your thumb with a hammer would not meet the definition.

[Keith B]

The "cussing in public" is a path to disorderly conduct, but I would assume it has to be fairly disorderly to draw the ire of police, a few choice words after hitting your thumb with a hammer would not meet the definition.

There is a case where a woman was cited for cursing in Walmart by a Fire Marshall http://www.chron.com/neighborhood/bayto ... 595977.php" onclick="window.open(this.href);return false;

[Jaguar]

The "cussing in public" is a path to disorderly conduct, but I would assume it has to be fairly disorderly to draw the ire of police, a few choice words after hitting your thumb with a hammer would not meet the definition.

There is a case where a woman was cited for cursing in Walmart by a Fire Marshall http://www.chron.com/neighborhood/bayto ... 595977.php" onclick="window.open(this.href);return false;

Wow, but that was five years ago, I would presume she is eligible for a CHL now.

Or, she went to court. I would assume she would win, she did not exclaim a profanity that would tends to "incite an immediate breach of the peace" - in her version of the story. The fire marshal said she did, who knows.

I once was sitting in the parking lot waiting for my wife to get off work from a retail clothing store and a woman in a minivan pulled up beside me and did nothing but scream and cuss at her three little kids (maybe 2-8 years old) from the time she opened her car door until they were out of earshot. The language she used made me cringe, I wish a fire marshal was there to cite her.

[srothstein]

And back to the OP's question, 9 months of probation makes me wonder if it was truly a class C assault. That is a long probation for something that is only punishable by a fine. It is legal and could happen, but is unusual enough that I would ask him to verify. I could see that if it were a judge trying to prevent ongoing domestic violence, in which case I would suggest checking exactly how the case was handled and the exact charge. If it was domestic violence and a conviction (not deferred adjudication), the person is now barred forever from owning a firearm, let alone getting a CHL. If it has no elements pertaining to family violence (under federal definitions, not state) then I think he would now be eligible whether convicted or deferred adjudication.

[The Walrus]

And back to the OP's question, 9 months of probation makes me wonder if it was truly a class C assault.

Good point. The penal code says "An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500." Unlike greater offenses, there's no option for confinement as punishment.