have to wait for CHL, but how long?

[ccameron]

my sister-in-law was recently robbed at gunpoint at myself, wife & 1yr old son's old apt complex. So me, wife, her 2 sisters, & bro-in-law are taking a CHL class in a couple of weeks. I just did an FFL xfer successfully, but unfortunately, I don't think I'll be getting my CHL any time soon . I have a deplorable rap sheet, but nothing I think would be permanently disqualifying. Based on the below, when is the earliest I should apply for a CHL without expecting to be flushing $120 for the class (which I'm sure I'm doing in 2wks) + another $140? Also, do I have to provide proof of disposition for ALL of this (dates below approximate *disposition* date)?

• Poss of marijuana (class A misd) - 6mo deferred - ??/1999 (juv case)
• Poss of drug paraphenalia (class C misd) - time served overnight - 6/2001
• Poss of dangerous drug [note: this is NOT "controlled substance"] (class A misd)  - 5/2002
• Burg of Motor Veh (3ct, class A misd) - time served - 5/2002
• Burg of Build (state jail fel) - 6/2001, deferred adj & terminated early (7/2003)
• DUI (in MS) - paid fine - 10/2003
• PI (class C misd) - paid fine - 8/2008
• Fail to stop & render aid (class B misd) - 4/2009 (reg 1yr probation completed 4/2010)

I'm not looking to be patronized or for sarcasm yes, I know how bad it looks.

my best guess is 4/1/2014... +5 yrs after that recent class B? Thanks in advance for looking, cam

[Crossfire]

You are correct. 5 years past your most recent Class B puts you at 4/2014 for a Texas CHL.

[ccameron]

thanks for the quick reply! What about proof of disposition? Am I going to have to go on a court-paper-chase?

[Crossfire]

Yeppers, you will need copies of all your final dispositions. If you don't have them, check with the county criminal court clerk in the county where you had your court appearance. They should have those records, or be able to tell you where to get them.

[Hoi Polloi]

I think it is likely that you are indefinitely disqualified from getting a CHL due to being considered chemically dependent and it would require a doctor's note and lots of other hoops to even be able to be considered for one. I'll go look up the specific rule on what qualifies as chemically dependent and return.

[baldeagle]

Yeppers, you will need copies of all your final dispositions. If you don't have them, check with the county criminal court clerk in the county where you had your court appearance. They should have those records, or be able to tell you where to get them.

It wouldn't hurt to start that process now. The wheels of government can grind quite slowly.

[ccameron]

I think it is likely that you are indefinitely disqualified from getting a CHL due to being considered chemically dependent and it would require a doctor's note and lots of other hoops to even be able to be considered for one. I'll go look up the specific rule on what qualifies as chemically dependent and return.

(6) is not a chemically dependent person;
(c) An individual who has been convicted two times within
the 10-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.

I don't think that applies since I don't have 2 in the last 10yrs (and shouldn't have 2 in the 10yrs preceding 4/2014)?

[Hoi Polloi]

I looked it up. It appears that 1) I was incorrect in my belief that being considered chemically dependent is indefinitely disqualifying. It is disqualifying for ten years. 2) You do not meet the criteria specifically laid out for being chemically dependent assuming you are correct that the Class A Possession of a Dangerous Drug is not considered a "controlled substance" offense. However, you most likely do meet the subjective criteria for being considered chemically dependent.

Definition from the code: "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.

Eligibility: An individual who has been convicted two times within the 10-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.

If they subjectively decided based on your record that you are considered chemically dependent, I do not know what the process and timelines become. The code doesn't say. Maybe someone with experience here could speak to that.

Since you have burglary of a building and not of a habitation, I don't think you are permanently disqualified there. So I think you're right: 5 years from your most recent Class B as long as you keep your nose clean between now and then and as long as they don't decide you're chemically dependent based on the definition and "other evidence" being your record that you meet it.

Anyone else here know how that works? Is that ever actually used to disqualify people?

[ccameron]

I was reading that "other evidence" clause to mean like going to a rehab facility or some such... Anyway controlled substance vs dangerous drug:

Texas Health & Safety Code - Section 483.001. Definitions
(2) "Dangerous drug" means a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act). The term includes a device or a drug that bears or is required to bear the legend:

Texas Health & Safety Code - Section 483.002. Definitions
(5)  "Controlled substance" means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Groups 1, 1-A, or 2 through 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.

[bauerdj]

I am curious as to why the Burg. of a building - state jail felony would not be considered disqulifying. I am sure Crossfire, who is a very active instructor, is correct on this but am curious as to the reasoning.

[jester]

The disposition of same.

[ccameron]

I am curious as to why the Burg. of a building - state jail felony would not be considered disqulifying. I am sure Crossfire, who is a very active instructor, is correct on this but am curious as to the reasoning.

I think b/c it was deferred adj, it only disqualifies for 10yrs after the date of deferral (not termination date)

[Hoi Polloi]

I am curious as to why the Burg. of a building - state jail felony would not be considered disqulifying. I am sure Crossfire, who is a very active instructor, is correct on this but am curious as to the reasoning.

The statues say only burglary of a habitation is permanently disqualifying. Burglary of anything other than a habitation is not directly mentioned and so would fall under the other generic time limits.

In addition to not having been convicted of the burglary due to the deferred adjudication, I don't think a State Jail Felony is treated as a felony under the CHL eligibility requirements. I think those are different categories with similar names. Anyone know for sure?

[ccameron]

How about proof of disposition? Will I have to get something from every single court (including that out-of-state DUI) showing disposition? Or is that only required for a charge I claim adjudication was deferred on? Seems like they wouldn't need proof of a "guilty/nolo contendre->conviction" type of outcome?

[Keith B]

How about proof of disposition? Will I have to get something from every single court (including that out-of-state DUI) showing disposition? Or is that only required for a charge I claim adjudication was deferred on? Seems like they wouldn't need proof of a "guilty/nolo contendre->conviction" type of outcome?

You will need dispositions on all of the cases from the jurisdiction where they occurred.