TexasCHLforum.com

Hello all! I'm new and excited about getting my CHL and I took the class this past weekend, just one problem . . .
I have 2 class B Misdemeanors within 10 years. The most recent is an 8 year 5 month old DWI. The second is a 9 year 4 month old Possesion of Marijuana 0-2 oz.

I realize that I'm very close to the 10 year limit for the possesion charge. Problem is that if I wait another 8 months I fear my class is too old and I will have to retake it, and repay. Does the application have to be submitted within a certain time after completion of the training course?

However reading the rules for eligibilty I believe I have an out. Below it states, "Class B misdemeanor or greater that involves the USE of alcohol or a controlled substance as a statutory element of the offense". I would say that the DWI constitutes use as a statutory element of the offense, however I believe possession of marijuana does not constitute use as a statutory element of the offense.

Does anybody have experience in a similiar instance that can help affirm my belief? I've reprinted the eligibilty requirement below for reference.

411.172 Section (c): An individual who has been convicted two times within the10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person.

What were the outcomes of the two cases? Convicted, dismissed? etc. That might help.

You have two years from the date on your TR-100 form to submit the application to DPS.

I don't know about multiple offenses 5 to 10 years in the past. I never figured it out.

- Jim

If you have two years like Jim said might be best to wait.

nedmoore wrote:What were the outcomes of the two cases? Convicted, dismissed? etc. That might help.

The Possession charge was deffered adjudification, probabtion served; which still counts as a conviction under the CHL statutes. The DWI was a conviction, probation served; it is no longer possible, per MADD, to get deffered adjudification for DWIs.

seamusTX wrote:You have two years from the date on your TR-100 form to submit the application to DPS.

I don't know about multiple offenses 5 to 10 years in the past. I never figured it out.

- Jim

I like the idea of waiting, just to be sure. However, the booklet the instructor passed out had a Q&A session in the back. One of the questions gave me some concerns about waiting.

Q: If I am only 20 years old, can I take the proficiency class and still get a license when I turn 21?
A: It is best not to tae the course more than six months before your 21st birthday so that your proficiency certificate is current. Your application may not be turned in to the DPS until your 21st birthday.

Anybody know where it states that I have 2 years from the time the course is completed to submit my application to DPS?

CaptHowdy wrote:Anybody know where it states that I have 2 years from the time the course is completed to submit my application to DPS?

Texas Administrative Code, Title 37, Part 1, Chapter 6, Subchapter B, Rule §6.15, Basic Application Materials Required.

I can't create a direct link to it, but it's on the info.sos.state.tx.us server.

Those FAQs on the DPS web site are sometimes inaccurate. The writer was thinking of the 6-month limit for renewals.

- Jim

As noted, DPS will accept your TR-100 for 2 years on the initial application. During the latest Instructor renewal class, DPS modified this statement by saying they would take it up to 2 years, unless you applied and paid your license fee on-line. If so, this application & fee would expire at one year. They stopped short of saying that meant they would only take the TR-100 up to one year, so this may now be a gray area.

As to possession v. use of a controlled substance, I would not want to make that argument. If DPS doesn't buy it and denies your application, your only recourse is to appeal the decision and go to trial in J.P. Court. The time and cost would not be justified since you're so close to being outside the 10 year window.

Chas.

Thanks to all who contributed! I now feel confident waiting to submit my application. Jim, Thanks for pointing me in the right direction, it's always comforting reading the actual codes applicable. Chas, I agree with you about waiting rather than fighting an appeal to DPS decision, I think I've got a very good chance of surviving the extra few months, and I do not intend on waiting a year, just to be sure to stay out of any grey area. However, as I type that, the words of my instructor, Mr. Steve Brenner, are haunting me! "The only time you'll need your firearm is when you don't have it."

Regardless of that, I've decided to risk not carrying just a bit longer. Hats off to everyone once again, Thank you!

Just for reference, for anybody else in a similar position trolling the forums.

Texas Administrative Code, Title 37, Part 1, Chapter 6, Subchapter B, Rule §6.15, Basic Application Materials Required.

(1) Proficiency certificate. The applicant must submit a handgun proficiency certificate issued upon successful completion of a handgun proficiency course approved by the department and taught by a certified handgun instructor. A proficiency certificate, which is more than two years old, will not be accepted by the department.

-Jeremy

You could call DPS and ask them. I'm pretty sure they will consider any conviction having to do with drugs "use."

- Jim

Good point Jim, it's certainly worth a call, and if they seem confident in their response, I may mail in the application sooner rather than later.

I'll follow up in this thread with what i'm told.

Good luck in any case.

- Jim

Thanks for the support Jim!
So I called DPS and got a parrot. I explained my situation with 2 misdemeanors in 10 years. The response was:
"You are not eligible until 10 years after the date of conviction"
I asked if possesion constituted "use" as a statutory element of the offense .. . The response was:
"You are not eligible until 10 years after the date of conviction"
I said, genuinely, with no sarcasm "Thanks for your help, and have a nice day". . . The response was:
"You are not eligible until 10 years after the date of conviction"

I'm not telling a story about that last part. That final response really is making me question whether or not I'm eligible. Anyway, It just wont be worth the hassle if I get denied and I shouldn't have been, then have to appeal the denial and court, possibly still loose, and still have to pay an extra $140 dollars. It really sucks, for me, that the application fee is non-refundable!

My decision is to wait, especially since I have at least one year, and likely two years. The lady did drive home the point that I must wait until 10 years after the date of conviction. I'm going to go ahead and get a certified copy of my arrest and dispostions while I'm at Jury Duty this week, and ensure that I DO NOT apply until "10 years after the date of CONVICTION". It helps to find humor in life.

Thanks again for all the help, This forums great! Hopefully anybody reading these forums wont have to ask this question again.

CaptHowdy wrote:Thanks for the support Jim!
So I called DPS and got a parrot.

You're welcome.

I'm pretty sure they have to answer questions from a script. They would create problems if they didn't.

I stumped the young lady who answers the phone the time I called, and I eventually got transferred to a lawyer.

- Jim

This is probably the only time I'll ever type this but .. . I wish they would have transferred me to a lawyer