Eligibility Q.

[rockriver]

Hello all, new member here and was wondering if I would possibly be eligible. I was arrested in 2008 for "racing on the highway" (street racing), a class C misdemeanor and received and completed 1 year probation and 90 hours community service. If eligible do I have to get a disposition or what would I need to send in with the application? Thanks in advance for the help!

[Keith B]

Hello all, new member here and was wondering if I would possibly be eligible. I was arrested in 2008 for "racing on the highway" (street racing), a class C misdemeanor and received and completed 1 year probation and 90 hours community service. If eligible do I have to get a disposition or what would I need to send in with the application? Thanks in advance for the help!

First off welcome to the forum.

A Class C moving violation like that is not a disqualifier. It should not even need to be listed. Were you actually taken in and fingerprinted and photographed? if so, you might want to go ahead and list it and get a copy of the disposition from the court in the county where you were convicted and send it along. It might help speed things up in their review.

[Ericstac]

My street racing ticket was just a ticket.. Very costly ticket but only a ticket.. So you should be the same

[rockriver]

Thanks guys for the quick responses. Unfortunately Keith, yes I was booked, finger printed and photographed. I will take you're advice and get the disposition and send it with the application.

[smoothoperator]

I was booked, finger printed and photographed

Then it's best to list the arrest on the application, so they don't reject your application for making a false statement. A class C misdemeanor moving violation isn't a deal breaker, even if it was last week, so disclose, document and don't worry.

[rom]

It looks like it was at least a Class B Misdemeanor if this is what you were arrested for:

Texas Transportation Code
Sec. 545.420. RACING ON HIGHWAY. (a) A person may not participate in any manner in:

(1) a race;

(2) a vehicle speed competition or contest;

(3) a drag race or acceleration contest;

(4) a test of physical endurance of the operator of a vehicle; or

(5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record.

(b) In this section:

(1) "Drag race" means the operation of:

(A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or

(B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time.

(2) "Race" means the use of one or more vehicles in an attempt to:

(A) outgain or outdistance another vehicle or prevent another vehicle from passing;

(B) arrive at a given destination ahead of another vehicle or vehicles; or

(C) test the physical stamina or endurance of an operator over a long-distance driving route.

(c) [Blank]

(d) Except as provided by Subsections (e)-(h), an offense under Subsection (a) is a Class B misdemeanor.

(e) An offense under Subsection (a) is a Class A misdemeanor if it is shown on the trial of the offense that:

(1) the person has previously been convicted one time of an offense under that subsection; or

(2) the person, at the time of the offense:

(A) was operating the vehicle while intoxicated, as defined by Section 49.01, Penal Code; or

(B) was in possession of an open container, as defined by Section 49.031, Penal Code.

(f) An offense under Subsection (a) is a state jail felony if it is shown on the trial of the offense that the person has previously been convicted two times of an offense under that subsection.

(g) An offense under Subsection (a) is a felony of the third degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered bodily injury.

(h) An offense under Subsection (a) is a felony of the second degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered serious bodily injury or death.

(i) This subsection applies only to a motor vehicle used in the commission of an offense under this section that results in an accident with property damage or personal injury. A peace officer shall require the vehicle to be taken to the nearest licensed vehicle storage facility unless the vehicle is seized as evidence, in which case the vehicle may be taken to a storage facility as designated by the peace officer involved. Notwithstanding Article 18.23, Code of Criminal Procedure, the owner of a motor vehicle that is removed or stored under this subsection is liable for all removal and storage fees incurred and is not entitled to take possession of the vehicle until those fees are paid.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 535, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S.,Ch. 1258, Sec. 1, eff. September 1, 2009.

[rockriver]

Well rom it looks like they upped it to class b in 2009. So mines being a C from 2008 I should be alright.

[rom]

Actually, it changed in 2003 with HB1326

[rockriver]

Oops my mistake, I just looked at a random date toward the bottom and assumed that was it. I suppose all I can do is just get the certified paper from them and see. Maybe the attorney got me a lesser charge who knows.

[rom]

rockriver, its too late for your attorney to do anything. You have to wait 5 years after a class B (or higher) misdemeanor arrest or deferred adjudication probation or conviction before you can qualify for a TX CHL. I'd recommend you look at AZ and/or FL for a non-resident permit (see handgunlaw.com for details). I'm in the same boat and got permits from both AZ and FL with no problem. Both are valid in TX. TX CHL requirements need to be reformed. Getting arrested for a non-violent misdemeanor crime such as racing should NOT cause anyone to lose their RIGHT to bear arms. Also, feel free to PM me if you need more details on the AZ or FL permit.

[apostate]

rockriver, its too late for your attorney to do anything. You have to wait 5 years after a class B (or higher) misdemeanor arrest or deferred adjudication probation or conviction before you can qualify for a TX CHL.

For a class A or B misdemeanor conviction, that's true in most cases. However, a 5 year wait is not required if the charges were dismissed, he was found not guilty, he plea bargained it down to a class C misdemeanor, et cetera. That's why it's important, as previously noted, for rockriver to obtain the paperwork showing the actual disposition of the offense.

[infoman]

You would be disqualified for 5 years. I would wait it out, DPS does not give refunds.

[Jumping Frog]

rockriver, its too late for your attorney to do anything. You have to wait 5 years after a class B (or higher) misdemeanor arrest or deferred adjudication probation or conviction before you can qualify for a TX CHL.

For a class A or B misdemeanor conviction, that's true in most cases. However, a 5 year wait is not required if the charges were dismissed, he was found not guilty, he plea bargained it down to a class C misdemeanor, et cetera. That's why it's important, as previously noted, for rockriver to obtain the paperwork showing the actual disposition of the offense.

Thanks for saving me the typing.

[RPBrown]

If it was plead down to a Class C, then he is eligible now.

[rom]

rockriver: one way to find out quickly what level misdemeanor you were charged with is to run a background check on yourself on the DPS website. It costs about $3.58.