SENATE BILL 1424 PENDING NOW ON CHL QUAL.

[Blanco]

For those of you who do not know me, I have been fighting a battle with the DPS for over a year and a half now on a denial of CHL. Check my previous posts for history on this case. We won at County Court level on Feb 3rd. The state has appealed my case to the third circuit court of appeals in Austin. A week after our win in County court, a bill was introduced in Senate and has moved rapidly into committee. This bill is in direct reference to our pending appeal case which has been docketed for June. The bill proposes a single change in the qualifications for permitting. The change is in the penal code 411.171. At present the code reads that anyone who has a pardon or expungement is entitled to CHL. The NEW bill also includes anyone who has a set aside or vacation of conviction. Our contention in court was that the bill in its current form was unconstitutional and a denial of civil rights. We have 8 supreme court cases and one appeals court case that buttresses our position. We have won in two separate courts at this time.

While this seems a win for myself and anyone else who has a set aside of conviction or a vacation of conviction, there is a serious caveat.
The final paragraph of the proposed bill states that the bill only pertains to those who commit a crime after the effective date of the bill which will be Sept 9. 2009. "For purposes of this section, an offense was committed before the effective date of this act if any element of the offense occured before that date".

So to sum up the situation, while the state has not admitted that the current act is unconstitutional and a violation of civil rights, the state is seeking to keep anyone who has been denied up till this time from taking advantage of this new legislation. I can only assume that they are afraid of lawsuits from those denied their civil rights. There would be numerous cases overturned if the the last paragraph was left out of the proposed legislation. Ironically, by adding the last paragraph to this proposed legislation, the State of Texas is again attempting to violate the civil rights of anyone with set aside prior to the effective date. I would appreciate comments or advice from anyone who understands legislative process.

[Charles L. Cotton]

You are mistaken. The language you quote will not impact your CHL application if Senator Seliger's SB1424 passes. The CHL eligibility provisions are not in the Penal Code as stated in your post; they are in §411.171 of the Government Code.

The language that concerns you references the changes to Tex. Penal Code §46.04 relating to a felon in possession of a firearm.

So to sum up the situation, while the state has not admitted that the current act is unconstitutional and a violation of civil rights, the state is seeking to keep anyone who has been denied up till this time from taking advantage of this new legislation. I can only assume that they are afraid of lawsuits from those denied their civil rights. There would be numerous cases overturned if the the last paragraph was left out of the proposed legislation. Ironically, by adding the last paragraph to this proposed legislation, the State of Texas is again attempting to violate the civil rights of anyone with set aside prior to the effective date. I would appreciate comments or advice from anyone who understands legislative process.

Sorry, but this is dead wrong. Neither the DPS nor the "state" had anything to do with filing of SB1424. I know for a fact that a certain person within DPS doesn't want it to pass!

Senator Seliger's bill is a good bill and it deserves our strong support. If it passes, no one will have to fight the battle you have had to fight.

Chas.

[Blanco]

I stand corrected, it was govt. code not penal code. I sent you a private message in reply to your questions. Reply is in my outbox. If you got the message please let me know, or tell me how to get message to send. Thanks.

[nitrogen]

I stand corrected, it was govt. code not penal code. I sent you a private message in reply to your questions. Reply is in my outbox. If you got the message please let me know, or tell me how to get message to send. Thanks.

It'll be in your outbox till he reads it.