The focal point for Texas firearms information and discussions
https://texaschlforum.com/
Well, yes you are still convicted, BUT it may no longer be considered a felony conviction for the purpose of CHL. Government Code GC ยง411.172 saysbubba84 wrote:Its akin to being prosecuted in 2013 for a crime commited in 2010, the law at the time of the offense takes precedence over the current law.
If you are convicted and then the law changes, you are still a convict.
So, even if it was a felony at one time, but is not a felony when you apply for the license, then it is considered to be what ever level crime it is now. A good example is this type of marijuana possession which was at one time a felony and is now misdemeanor level offense.(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
(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; and
TEXAS CONCEALED HANDGUN LAWS 5
(2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.
(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at the time of a person's application for a license to carry a concealed handgun, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this state as a felony.
What if SCOTUS rules the law unconstitutional under a provision of the Constitution that was in effect at the time of the alleged violation?bubba84 wrote:Its akin to being prosecuted in 2013 for a crime commited in 2010, the law at the time of the offense takes precedence over the current law.
If you are convicted and then the law changes, you are still a convict.
SCOTUS decisions are always legally retroactive.HankB wrote:What if SCOTUS rules the law unconstitutional under a provision of the Constitution that was in effect at the time of the alleged violation?bubba84 wrote:Its akin to being prosecuted in 2013 for a crime commited in 2010, the law at the time of the offense takes precedence over the current law.
If you are convicted and then the law changes, you are still a convict.