New Application - General Questions...

[knljr]

I found the GC document you reference here: http://www.txdps.state.tx.us/administra ... chlaws.htm" onclick="window.open(this.href);return false;

This is the way it reads to me which is very different than what you posted:

(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:

(1) a felony if the offense is so designated by law or if confinement for one year or more in a penitentiary is affixed to the offense as a possible punishment; and

(2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.

The "felony if the offense is so designated by law" is the same, but the rest reads very different to me. Especially the line you reference that says "a felony if the offense, at the time the offense is committed".

[MasterOfNone]

I found the GC document you reference here: http://www.txdps.state.tx.us/administra ... chlaws.htm" onclick="window.open(this.href);return false;

This is the way it reads to me which is very different than what you posted:

(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:

(1) a felony if the offense is so designated by law or if confinement for one year or more in a penitentiary is affixed to the offense as a possible punishment; and

(2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.

The "felony if the offense is so designated by law" is the same, but the rest reads very different to me. Especially the line you reference that says "a felony if the offense, at the time the offense is committed".

I think what you found is old. The text I posted is from the current version of CHL-16 and matches what is currently on the legislature's online statutes: http://www.statutes.legis.state.tx.us/D ... GV.411.htm

[knljr]

Thanks - be nice if the DPS would keep their site updated. :) I sent an email to the DPS Regulator Services: RSD_Customer_Relations@dps.texas.gov asking for the correct interpretation of the law here - it's certainly confusing. I'm not sure if it means how the charge was filed or if it's the the judgement/disposition of the case.

Hopefully the latter - if so, I'm good to go.

I just got a call from my FFL - I've been given a 'proceed' and can come pick up my HK P30!

Unfortunately, I'm stuck on conference calls for work for the rest of the day...

[Jusster]

I didn't find anything in there...I guess that's just for traffic related infractions? Who knows...

No problem glad to help. Actually DPS should have your full criminal record that has been reported to them by the County Clerks office. When I called DPS Error Resolution Unit, I was advised that the only way to get your "complete record" from them was to actually schedule an appointment with L1 services.

...the only other thing I'm worried about is...

On the felony that got dropped to a misdemeanor (doesn't say which class anywhere...) in the disposition section I read the following:

Probation/Community Supervision
1. AGGRAVATED ASSAULT WITH A DEADLY WEAPON
Comment: 1 year conviction REDUCED TO MISDEMEANOR 1 year probation

I recall reading on the 'rules' that if you had any conviction that COULD have a sentence 'longer than a year' that you are disqualified. Would that include the above?

Yeah I guess our situations are even more similar then I thought. Before I even thought about applying I went down to the County Clerk’s office to verify everything on my recorded was correct. I found out really quick that the Harris County Clerk’s office had mine completely messed up. I would go down there, have them pull your case file and update their system with the misdemeanor charge you served. If you had 1 year deferred adjudication, make sure it is clearly stated as well. There is a difference between straight probation and deferred. If you do have any significant changes I would advise you call the DPS Error Resolution Unit at (512) 424-7256. They will more than likely ask you to have the County Clerk’s office fax them the corrections.

Hope this helps and congrats your purchase!

Jusster

[knljr]

Thanks Jusster. The assault was in Fort Bend County - the $50 theft was in Harris County. Here's the detail of the assault case as I see it online. You have the option to search misdemeanor or felony and this shows up under the felony search:

DISPOSITIONS
04/21/1989 Disposition (Judicial Officer: Culver III, Thomas R)
1. AGGRAVATED ASSAULT WITH A DEADLY WEAPON
Convicted
04/21/1989 Plea (Judicial Officer: Culver III, Thomas R)
1. AGGRAVATED ASSAULT WITH A DEADLY WEAPON
Guilty
04/21/1989 Probation/Community Supervision (Judicial Officer: Culver III, Thomas R)
1. AGGRAVATED ASSAULT WITH A DEADLY WEAPON
Comment (1 year Conviction REDUCED TO MISDEMEANOR 1 year Probation )

OTHER EVENTS AND HEARINGS
02/13/1989 Indictment
Bond Amount: 15,000.
02/13/1989 Remarks
Original Case Type: Filed by Indictment


02/16/1989 Arraignment (1:30 PM) (Judicial Officer Culver III, Thomas R)


03/10/1989 Non-Issue Hearing (9:00 AM) (Judicial Officer Culver III, Thomas R)


04/21/1989 Disposition Comment
REDUCED TO MISDEMEANOR Conviction: Guilty Plea No Jury; Felony reduced to Misdemeanor;
04/21/1989 Conviction - Lesser Charge
Misdemeanor Lesser Conviction
04/21/1989 Conviction - Guilty Plea Nolo Contendere
04/21/1989 Non-Issue Hearing (9:00 AM) (Judicial Officer Culver III, Thomas R)

[Jusster]

Of course I am not a lawyer nor do I represent DPS, but based on what you have posted it does state that it was reduced to a Misdemeanor. As long as the Misdemeanor is over 5 years old and does not involve Family Violence I would think you should be fine to get your CHL.

On a personal note, I would be concerned that it doesn't mention what the exact Misd. charge was and there is no mention of deferred. For me, it states Disposition Deferred not Convicted and shows the exact charge Assault Threaten Bodily Injury. Below is why:

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, 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).
GC §411.172. ELIGIBILITY. (a

[knljr]

well, like I said...it's going to ultimately come down to the interpretation of the law.

For this offence, I was in fact convicted - as in I plead guilty accepting a lessor charge. So, as far as I know I'm not a 'felon'. However, in terms of the GC and how the state interprets the law - I could be based on the fact that the case was filed as a felony. I'm not sure what Misdemeanor class the lessor charge was - probably A or B given the severity.

But yes, everything was clearly long ago - well over 10 years and there was no family violence invovled. So, we'll see I guess...

[Jusster]

My fault. I guess I miss read your original post. I read the deferred enlistment program and assumed it was deferred adjudication. Either way you should be fine. It was well over 5 years ago which is all that really matters. Good luck with the application process. Hopefully you will be one of those people who have the quick 20 day turnaround times!

Jusster

[knljr]

FYI...

Just talked to a nice lady at the DPS - she called my back in response to the email I sent.

She said it shouldn't be a problem - it was past 5 years, the final judgement was a guilty plea to a misdeameanor and it wasn't family/domestic violence related.

She did advise me to go ahead and send the certified court documents to be safe and to make sure there were no unneccesary delays in the process.

So, I should be good to go.

Picked up my H&K today and ran 250 rounds through it at the range - what a great pistol.