Search found 5 matches
Return to “Florida Misdemeanor”
- Mon Jun 12, 2017 10:43 pm
- Forum: General Texas CHL Discussion
- Topic: Florida Misdemeanor
- Replies: 17
- Views: 5871
Re: Florida Misdemeanor
If the charge from Florida is a misdemeanor (whether 1 or 2) & there's possible jail time you'll be denied. If it's an "infraction" like a speeding ticket, that's different. But, original post stated it was a Misdemeanor 2 in Florida. I'll be the guy saying I told you so when you get denied. Just because a charge is a class C misdemeanor in TX, doesn't mean they classify it as s class C if it's out of state. Go back & read the code I posted earlier. Any out of state "misdemeanor" (not "infraction/violation") is considered a Class A misdeanor to DPS if any possible jail time is affixed as a possibly punishment. they deny people all the time for charges like the one the poster used in original post. By the way, Florida only had a 1st & 2nd degree misdemeanor, both of which have jail as a possible punishment. The charge would have to be labeled an "infraction" to be ok.
- Mon Jun 12, 2017 1:12 pm
- Forum: General Texas CHL Discussion
- Topic: Florida Misdemeanor
- Replies: 17
- Views: 5871
Re: Florida Misdemeanor
see the last sentence on this section.
GC §411.172. ELIGIBILITY. (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 (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.
GC §411.172. ELIGIBILITY. (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 (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.
- Mon Jun 12, 2017 12:59 pm
- Forum: General Texas CHL Discussion
- Topic: Florida Misdemeanor
- Replies: 17
- Views: 5871
Re: Florida Misdemeanor
You will be denied. There's a clause in the statute dealing with out of state misdemeanors stating if any possible jail time is affixed to the charge, DPS will consider it a class A misdemeanor. (regardless of what level misdemeanor it's classified as in Florida or any other state outside of Texas). I have an excellent inside source, & double checked today.
- Sun Jun 11, 2017 9:56 pm
- Forum: General Texas CHL Discussion
- Topic: Florida Misdemeanor
- Replies: 17
- Views: 5871
Re: Florida Misdemeanor
Any out of state misdemeanor is considered a class A misdemeanor (for LTC purposes) if confinement in a jail is affixed as a possible punishment. I promise I'm right about this. 100%.
- Sun Jun 11, 2017 8:42 pm
- Forum: General Texas CHL Discussion
- Topic: Florida Misdemeanor
- Replies: 17
- Views: 5871
Re: Florida Misdemeanor
If any out of state misdemeanor has any amount of jail time as a "possible" punishment, it's considered a class A misd. I'm almost certain you will be denied. It doesn't matter if you served any jail time or not. It's based on if the charge has a possibility of jail time as a punishment.