Confused about new Law vs Old Law

[Dannyboy]

Hello fellow Texans -

Couple of questions, and thanks for this forum. I joined the NRA, because I believe I have the right to defend and protect the things that make life meaningful to me.

I do not have a CHL. I own about 15 different firearms, including rifles, shotguns, and pistols.

In 2009, I was arrested and charged with a state jail felony. Yes, I like Willie Nelson and Hank Williams Jr, and I was smoking that green stuff, and had a bag in the truck with me. Again, I was charged, but not convicted, because they offered me deferred adjudicated probation, for 3 years, which I completed successfully.

Im confused about the laws for adjudicated probation, but I believe I understand it to be that I have to wait a certain number years from the time I successfully completed the probation, even though it's technically not a conviction. Or, is it a certain time period from the date of the arrest?

I completed the probation in June of 2013. I understand there are reasons for these kinds of laws. I accept that I broke a law, and there are consequences. Sometimes I laugh about it, because Im just one of the people who got caught, whereas there are so many people, including the lawmakers, who have committed felonies for which they were never caught. Ok, it's a good laugh. But back to the point.

I assume Im wasting my time to apply for a CHL, or, this new "License to Carry," which I don't fully understand either. You know, this is a crazy world we live in. All these mass shootings, terrorist attacks right here on my home soil. Lots of people out there who will snap and start shooting. I supposed they could start pointing fingers and say any of us could snap. Either way, I don't have violence on my record.

Do the new laws affect me any more or less? Do I have any options for being able to carry a pistol? Funny thing, the lawmakers, for all they know, I could show up at an event in which someone was targeting them, and save their lives. Shoulda, coulda, woulda.

Thanks yall. I like this forum.

Dannyboy.

[Breny414]

Here is a link to the old laws http://www.dps.texas.gov/InternetForms/Forms/CHL-16.pdf. I believe the sections that you will be concerned about are still applicable. It sounds like you can purchase a firearm legally -good news for you, and if I'm reading the law correctly, 5 years have passed since your case was adjudicated. you should be good to go. just make sure and list all offenses no matter how minor on your app.

[longhorn86]

Actually, I believe you would have to wait 10 years, not 5, according to the code with respect to deferred adjudication


GC § 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person’s application for a license under this subchapter unless the order of deferred adjudication was entered against the person for:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07 or 25.072, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1).

[Breny414]

Yeah, it looks like I misinterpreted that. But I though marijuana was a misdemeanor.

[longhorn86]

Depends on how much is possessed, more than 4 oz and less than 5 lbs is state jail felony

[mojo84]

The other question you need to answer is whether or not you still smoke or are dependent on it.

[pcgizzmo]

Possibly could still carry in your car w/no license as long as you are legally able to own a firearm.