AM I ELIGIBLE????

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spanishone
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AM I ELIGIBLE????

#1

Post by spanishone »

First of all I'm a newbie here. So take it easy on me.

I applied on line about 2 weeks ago. Received my packet today. The rules of qualifying and not are mumbo jumbo to me, as i'm not a lawyer. Called a local gun shop. asked the guy what to do. he told me to bring the whole packet to class and we will complete it. fingerprinting, all else is completed at the class. I raised my concern of taking the class before i passed the background check and he said if i received the packet that it's pretty much guaranteed that i'd already been approved.

I told him I asked because I have a class a misde. that is 5 1/2 years old for a bar fight. i got charged with assault bodily inj. class a. disposition deferred, no contest, 6m probation, small fine and court cost. status is dismissed final pleading unreported unknown dsmd defr adjud

he told me this doesn't disqualify me. is he right?

i did a dps crime record service and this turned up, i have traffic tickets and a code violation on there does that matter? and why didn't those show up?

thanks for your help.

i just dont want to take the class to make him money and waste my time

txinvestigator
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Re: AM I ELIGIBLE????

#2

Post by txinvestigator »

Misdemeanors make you ineligible for 5 years from the date of conviction. If your date of conviction to probation was over 5 years from the date you applied, you are good to go.

Traffic tickets will not affect your CHL. What is a "code violation"?



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spanishone
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Re: AM I ELIGIBLE????

#3

Post by spanishone »

code violation of a city construction issue.

The legal language is what I want to make sure won't disqualify me. with my previous def. adj

and this

The concealed handgun law states that deferred adjudication

will be treated as a conviction, except for orders of deferred

adjudication over 10 years old for certain felony offense not involving

violence against a person. See Texas Gov’t. Code § 411.171(4).

can i take the class after i get approved by dps for a license?

txinvestigator
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Re: AM I ELIGIBLE????

#4

Post by txinvestigator »

You need to trust us. A city code violation will not disqualify you either.

Misdemeanors are five year disqualifiers from the date of conviction.

Certain felonies are permenant disqualifiers, some are only 10 years of you have deferred. Since yours is a Midemeanor, it matters not if it was deferred or not. The period of disqualification for misdemeanors is 5 years.


And you cannot take the class after approval, as completing the written and shooting tests are part of being approved.
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KBCraig
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Re: AM I ELIGIBLE????

#5

Post by KBCraig »

spanishone wrote: I raised my concern of taking the class before i passed the background check and he said if i received the packet that it's pretty much guaranteed that i'd already been approved.
Yeah, just like I'm "guaranteed approved!" credit from lenders who haven't yet seen my credit report. :roll:

DPS will send a CHL packet to anyone who requests one. There is no "pre-qualification". They don't check anything until you complete the class and return a completed packet and payment.

TXi has given you good information here. Rely on what he says (except for those rare moments ( ;-) ) when he and I disagree, and in that case rely on me!)

By the way, a building code citation is civil, not criminal.
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TDDude
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Re: AM I ELIGIBLE????

#6

Post by TDDude »

http://www.txdps.state.tx.us/administra ... hanges.pdf

Here's a link to the dps rulebook. Unfortunately, it's a scanned copy and keyword searches in acrobat won't work.
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Liberty
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Re: AM I ELIGIBLE????

#7

Post by Liberty »

TDDude wrote:http://www.txdps.state.tx.us/administra ... hanges.pdf

Here's a link to the dps rulebook. Unfortunately, it's a scanned copy and keyword searches in acrobat won't work.
I converted the PDF files to both OpenOffice.org form and MicroSoft Word format that can be searched.
The files are available here:
http://pages.sbcglobal.net/liberty.free ... /ls-16.doc for the MS Word
http://pages.sbcglobal.net/liberty.free ... /ls-16.odt for the open office format.

I was working on doing the links so one could click on references and be takeken to the apropriate section, but there hasn't been much interest, If any one cares drop be an email and I'll email the file when I finish it.
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Topic author
spanishone
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Re: AM I ELIGIBLE????

#8

Post by spanishone »

Thanks for all the input. I'm thinking my class a misde. I have is over 5 yrs. Now I have another time I got locked up. I want to list the specifics on the app. but am finding it impossible. I'm trying to get info, but My lawyer at the time is gone, I called the county, they, and the dps records search I did, and the city office I went to don't show it. I even had a friend of a friend of a friend search and only thing coming up is what is on my dps record. I called the municipal dept. they say all I have is closed class c misd. and said I could go to a local office to get a listing. I called the location, they said the report would not show details. I said that was ok as long as it showed the class of misd. and any dates. She said I could get that. I get there and the clerk tells me, theres nothing on my dl to print out. I want to list this on my app. but am not sure of the date. If I guesstimate, will that hurt me? and do I really need to list the time I egged a house when I was a kid?

nedmoore
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Re: AM I ELIGIBLE????

#9

Post by nedmoore »

[quote][/quote]
I was under the impression that If you apply on-line that DPS performs a cursory background check. I have heard this from several different people. Anyone know the definitive answer to this?

nedmoore
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Re: AM I ELIGIBLE????

#10

Post by nedmoore »

txinvestigator wrote:There is no "pre-qualification". They don't check anything until you complete the class and return a completed packet and payment.
That was the quote I was trying to insert!
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