Criminal History Check

[chlwanted]

I want to obtain a chl! I do have a conviction under the UCMJ..and a BCD. I have a FBI
record for the conviction. I was in a special court martial. Which at the time late 1995 could only give 6 months confinment for any charge. I got 75 days and a boot. I have been allowed to purchase a firearm with a NCIC check about 6 yrs ago. Charge was larcney and flase statement. Can anybody give me the skinny on this..I have hoplessly gotten the runaround from numernous sites and contacts reagadring this question....WILL I BE ABLE TO GET MY CHL??????????
My record is clean other than this...not even a traffic ticket since then.
I have the disposition paper work on the way so I wil have it on hand to process my app.
Certianly some of you instructors have seen this come before you in your time...what has the outcome been....PLEASE HELP!!!!
THANKS!!

[carlson1]

Welcome to the Forum. We have several instructors as members. Someone will be able to help you.

[chlwanted]

I hope so...I have been on a wild goose chase with this thing...Thanks for the welcome!
I look foreword to the replys Thanks!

[chlwanted]

Anyone out there!

[WildBill]

I want to obtain a chl! I got 75 days and a boot.

By "a boot" do you mean a dishonorable discharge? If so, I thought that you couldn't own a firearm under federal law.

[chlwanted]

NO, it was a bad conduct discharge not a dishonorable .

[Keith B]

It may come down to whether the crime fits the class of a felony now. Was there a $$ amount listed on the larceny? If so, and it was less than $500, it may now be considered a misdemeanor amount and would be past the 5 year rule for a Class A or B.

The best bet is to contact the JAG on the base where you had your court martial and see if they can tell you how it plays out in the civil arena and what the records will show.

[chlwanted]

Just got a little feed back from the legal office at DPS. As long as the discharge is not a dishonrable I will be ok.(it is not)
I must send in my dd214. Makes no diffrence on the charge according to legal.The militray does not specifiy as not: felnoy or misdermenor. SPCM normaly handle misdermenor cases and they did not seem concerned with that. Bascilly General court martial = felnoy Special court martial = misdermenor....Any thoughts or knowledge of this by anyone?? At this point
it looks like I will be good to go....we will see. I still would apprectiate any thoughts or info. Thanks,

[chlwanted]

OK, Check this out! DPS investigation officer stated the above post by phone. Next day I got a reply back from leagal regarding my e-mail....same info disclosed. They now state that I will have to provide all documnets form the proceedings, which I have no problem with. They again state that if the charge could have had a year or more confinment...or the state of Texas "NOW" at the time of application could consider it a felnoy then I would not be eligible. Is this not like a "double dip". NCIC says I am eligible but now the state can say no if they think the elements of the crime then could today be consdiered a felnoy . I done the crime paid the time, made full a prompt restution to the Navy, I meet NCIC eligiblty standards to purchase a firearm, and have had no other arrestes of any kind in my life, and it was a non-voilent crime of 12 yrs ago. This post has not seen much response...Please chim in.....I would be greatful to your input and assistance. Thank you!

[Keith B]

See my post above http://www.texasshooting.com/TexasCHL_F ... 7&start=30 If it was equivalent to a felony now, then they could hold it under that rule. Usually a special court martial IS for misdemeanor type charges, and a full court martial has a jury and is for felony level events.

If your level of theft was less than $500, then it should not be felony larceny (unless there were other circumstances that would escalate ti to felony level.) Whether you have done the time or not, you have a charge that can follow you on your record. best bet is to work with DPS and try to get them on your side to agree you are eligible. You will catch a lot more flies with honey than vinegar.

[chlwanted]

Keith---It was more than $500 and yes under Texas law (today)it can be interrupted as felnoy, but under the UCMJ it would be under the misdermenor level of crimes tried in a misdermenor court (SPMC). But can considerration can be given to the fact that the court is limited to a max. of 6 months of confinement. An also 12 yr ago and non-volient.
In a round about way I recevied my deffered ajud. up front from from the Navy. They tried me in a lower court and gave a pre-trial agrrement that limited confinement time to 120 days max.. Same diffrence as deffered...but the charges stay.

[Charles L. Cotton]

The lowest felony in Texas is a state jail felony and it begins at $1,500. The law was changed in 2005 when a TSRA bill was amended to add a provision that makes a felony disqualifying only if it is a felony at the time a person files an application for a CHL. The intent was to help people who were convicted of crimes (like possession of marijuana in small amounts) that were once felonies, but now are not. The language should require that the offense was a felony at the time it was committed and at the time of application for a CHL. This needs to be fixed in 2009.

However, as mentioned, if the property is valued at more than $1,500, then it's a felony by Texas standards now and it would also have been a felony in the 1990's.

Some states have two to five year misdemeanors and that's why Texas views the potential sentence, rather than accepting another state's designation of a misdemeanor and/or felony.

Chas.

Here is the controlling statute:

(b) For the purposes of this section, an offense under the
laws of this state, another state, or the United States is:

• (1) a felony if the offense, at the time of a person's
  application for a license to carry a concealed handgun:
  • (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;

[rm9792]

Just got a little feed back from the legal office at DPS. As long as the discharge is not a dishonrable I will be ok.(it is not)
I must send in my dd214. Makes no diffrence on the charge according to legal.The militray does not specifiy as not: felnoy or misdermenor. SPCM normaly handle misdermenor cases and they did not seem concerned with that. Bascilly General court martial = felnoy Special court martial = misdermenor....Any thoughts or knowledge of this by anyone?? At this point
it looks like I will be good to go....we will see. I still would apprectiate any thoughts or info. Thanks,

Good luck on the CHL app.

[texasmr2]

Just got a little feed back from the legal office at DPS. As long as the discharge is not a dishonrable I will be ok.(it is not)
I must send in my dd214. Makes no diffrence on the charge according to legal.The militray does not specifiy as not: felnoy or misdermenor. SPCM normaly handle misdermenor cases and they did not seem concerned with that. Bascilly General court martial = felnoy Special court martial = misdermenor....Any thoughts or knowledge of this by anyone?? At this point
it looks like I will be good to go....we will see. I still would apprectiate any thoughts or info. Thanks,

Lord man, use a spell checker. it is difficult to read this post. Good luck on the CHL app.

A properly structured sentence. is nice to see. also right?

Laughing by the minute !

[rm9792]

Post deleted due to sensitive feelings here. I respect a person's desire to continue to look illiterate and will not correct anyone in the future. I do apologize.