Auto Disqualification?

[boomstick]

I have a potential student that had a deferred adjudication on a Class A Misdemeanor 10 years ago. he is wondering if that is an automatic disqualification?

[apostate]

Was it for family violence?

[boomstick]

No, Sorry for not stating the details...

Weapons possession. Pulled over in a car 10 years ago with pistol under front seat.

[ScottDLS]

Should be GTG if over 10 years. It's a class A Misdemeanor in Texas. Deferral is considered a conviction for LTC eligibility, but 5 years from disposition is ok.

[treadlightly]

Weapons possession. Pulled over in a car 10 years ago with pistol under front seat.

There but for the grace of Lady Luck go so many. I never get past feelings of relief and freedom when I wander the streets and pass the time with policemen, my cocked and locked .45 respectfully carried.

Of course, I don't do that all the time. I have a couple of 9mm's I favor, too.

[ScottDLS]

Weapons possession. Pulled over in a car 10 years ago with pistol under front seat.

There but for the grace of Lady Luck go so many. I never get past feelings of relief and freedom when I wander the streets and pass the time with policemen, my cocked and locked .45 respectfully carried.

Of course, I don't do that all the time. I have a couple of 9mm's I favor, too.

Presumably this wasn't in Texas...or he was doing something else, because unlicensed car carry was legal 10 years ago, right?

[RoyGBiv]

As noted previously above, other rules apply if the charges stemmed from family violence or other crimes against persons..
Note that time is determined from date conviction is entered, not date of offense.

IANAL, My opinion. Not legal advice.

GC §411.172. ELIGIBILITY.
Text of subsection effective on Jan. 1, 2016
(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;
(9) is fully qualified under applicable federal and state law to purchase a handgun;

[infoman]

Any class A misdemeanor where the person received deferred adjudication is not disqualifying if over 5 years. Sounds like your student is good to go. (assuming that's the only thing on his/her record)

[carlson1]

Any class A misdemeanor where the person received deferred adjudication is not disqualifying if over 5 years. Sounds like your student is good to go. (assuming that's the only thing on his/her record)

Unless Family Violence which I believe is a disqyalifer for Texas LTC.

[ScottDLS]

Any class A misdemeanor where the person received deferred adjudication is not disqualifying if over 5 years. Sounds like your student is good to go. (assuming that's the only thing on his/her record)

Unless Family Violence which I believe is a disqyalifer for Texas LTC.

It wasn't. It was UCW or some equivalent offense.

[carlson1]

Any class A misdemeanor where the person received deferred adjudication is not disqualifying if over 5 years. Sounds like your student is good to go. (assuming that's the only thing on his/her record)

Unless Family Violence which I believe is a disqyalifer for Texas LTC.

It wasn't. It was UCW or some equivalent offense.

I was responding to infoman's post that "Any Class A misdemeanor where the person received deferred adjudication is not disqualifying if over 5 years."

Question do they give "deferred adjudication" for Family Violence crimes?

[ScottDLS]

Any class A misdemeanor where the person received deferred adjudication is not disqualifying if over 5 years. Sounds like your student is good to go. (assuming that's the only thing on his/her record)

Unless Family Violence which I believe is a disqyalifer for Texas LTC.

It wasn't. It was UCW or some equivalent offense.

I was responding to infoman's post that "Any Class A misdemeanor where the person received deferred adjudication is not disqualifying if over 5 years."

Question do they give "deferred adjudication" for Family Violence crimes?

A deferred adjudication for a Class A Family Violence offense is not considered a conviction by the Feds therefore not a permanent disqualifier to gun ownership. Nothing in the Texas LTC qualifiers says anything specific about family violence offenses, unless it's a federal disqualifier.

[carlson1]

Any class A misdemeanor where the person received deferred adjudication is not disqualifying if over 5 years. Sounds like your student is good to go. (assuming that's the only thing on his/her record)

Unless Family Violence which I believe is a disqyalifer for Texas LTC.

It wasn't. It was UCW or some equivalent offense.

I was responding to infoman's post that "Any Class A misdemeanor where the person received deferred adjudication is not disqualifying if over 5 years."

Question do they give "deferred adjudication" for Family Violence crimes?

A deferred adjudication for a Class A Family Violence offense is not considered a conviction by the Feds therefore not a permanent disqualifier to gun ownership. Nothing in the Texas LTC qualifiers says anything specific about family violence offenses, unless it's a federal disqualifier.

Thanks

[infoman]

Any class A misdemeanor where the person received deferred adjudication is not disqualifying if over 5 years. Sounds like your student is good to go. (assuming that's the only thing on his/her record)

Unless Family Violence which I believe is a disqyalifer for Texas LTC.

I'll repeat this again & I'm 100% correct. Any Class A or B misdemeanor over 5 years that is deferred adjudication is not disqualifying. (exception being the 2 DWI's within 10 years "chemically dependent" statue). If someone is arrested for Assault family violence & they get deferred adjudication, then it's a 5 year window. if it's a strait conviction (& proven to be family violence) then it's a permanent disqualified. You can ask Charles Cotton too, he would agree. Any Misdemeanor Assault where the person got deferred adjudication is not disqualifying if over 5 years.