Will I pass background check?

[nmtzjr]

Hi,

I'm new here and have a question that I haven't been able to get a straight answer. I have the following 2 charges and was wondering will I still be able to get a CHL in Texas after I get done with my probation. On the felony they gave me the deferred adjudication probation. Some people say I must wait 10 years from the day my probation is over which is around March of 2013 and some tell me I'm out of luck since I have a felony. I will appreciate every answer I get.

1. Charge Class: FELONY-2ND DEGREE
Charge Description: AGG ASSLT W/DEADLY WEAPON
Disposition: CONVICTED
Charge Class: MISDEMEANOR-CLASS A
Charge Description: DEADLY CONDUCT

2. Charge Class: FELONY-3RD DEGREE
Charge Description: ENGAGE IN ORGANIZED CRIMINAL ACTIVITY (F3)
Plea: GUILTY
Probation: 6 YEARS

[bizarrenormality]

There's a five year waiting period for a Class A misdemeanor conviction and a ten year waiting period for deferred adjudication of most felonies.

The ten year limit for deferred adjudication does not apply to these felonies. They are permanent bans.
(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;

From pages 3 and 4 at http://www.txdps.state.tx.us/internetfo ... chl-16.pdf" onclick="window.open(this.href);return false;

[nmtzjr]

Thank you so much "bizarrenormality" for the quick reply. I'll do some reading and hopefully I'll still have an opportunity to get a CHL in the near future.

[A-R]

Thank you so much "bizarrenormality" for the quick reply. I'll do some reading and hopefully I'll still have an opportunity to get a CHL in the near future.

Don't bother, the aggravated assault alone prohibits you PERMANANTLY from even purchasing a handgun under Federal law and would permanently disqualify your application for a CHL for multiple reasons. The criminal activity felony would also be permanently disqualifying for purchasing or possessing a firearm under Federal law, and thus permanently disqualifying by default to have a CHL (if you're prohibited under Federal law from purchasing, you're automatically prohibited from CHL).

Of course, IANAL etc., but this is fairly cut-n-dry well-known law.

And just my $0.02, if you committed those crimes, you don't belong anywhere near a gun - EVER.

Hopefully you'll change your life around.



above, of course, assumes this is not another in a long list of trolls that post such nonsense on this site

[srothstein]

A-R,

As I read what was posted, the OP was arrested and charged with Agg Assault - Deadly Weapon and Engaging in Organized Crime. He was convicted of Deadly Conduct (Class A misdemeanor) instead of the Agg Assault, and was given deferred Adjudication (10 years probation) for the Organized Crime charge.

I think he will be able to legally buy a gun when the probation is over because federal law recognizes the deferred adjudication as not being a conviction. The deadly conduct would only be a permanent bar if the victim was a family member under the federal definition (and I doubt that if it was all one event).

And as I understand the current Texas law, he can get his CHL after he completes the probation.

But I am also not a lawyer, nor am I an ATF agent or an FFL, so I could be wrong also.

[stealthfightrf17]

I don't know how to answer your question. But my advice would be to contact a lawyer familier with gun laws and get their advice. I would also look at what caused these charges to occur. If you have a tendancy to be violent then it would be very wise of you not to own any firearms. You may make a very foolish choice as a result.

[A-R]

Steve, you may be right. I may have misread that. Good catch.

Still my antenna go up when see AggAssault wanting to again have access to a gun.

[nmtzjr]

Thanks for every single reply guys. I understand the mistakes I did earlier in my life and know I'm paying and will continue to pay for them since I have a criminal record that will follow me. I will wait till I complete my probation and seek legal assistance to see what option I have. Hopefully I will get good news then, if not thats the price to pay for my mistakes. Again Thank You everyone.

[Keith B]

As the current laws are written, I believe you will qualify 10 years after your probation is over, but I would not be in too big a hurry to check your eligibility. A lot can change on laws for eligibility and carry over 5 state legislative sessions. Depending on our elected officials, both state and federal over that period, you may actually be eligible sooner if there is a change made in the law. I would suggest just keep your eyes peeled on gun law legislation changes and how those impact your eligibility as they change.

And, welcome to the forum.

[sjfcontrol]

As the current laws are written, I believe you will qualify 10 years after your probation is over, but I would not be in too big a hurry to check your eligibility. A lot can change on laws for eligibility and carry over 5 state legislative sessions. Depending on our elected officials, both state and federal over that period, you may actually be eligible sooner if there is a change made in the law. I would suggest just keep your eyes peeled on gun law legislation changes and how those impact your eligibility as they change.

And, welcome to the forum.

Keith -- not that long. Presumably he'd be eligible next year. From the original post...

Some people say I must wait 10 years from the day my probation is over which is around March of 2013

[Keith B]

As the current laws are written, I believe you will qualify 10 years after your probation is over, but I would not be in too big a hurry to check your eligibility. A lot can change on laws for eligibility and carry over 5 state legislative sessions. Depending on our elected officials, both state and federal over that period, you may actually be eligible sooner if there is a change made in the law. I would suggest just keep your eyes peeled on gun law legislation changes and how those impact your eligibility as they change.

And, welcome to the forum.

Keith -- not that long. Presumably he'd be eligible next year. From the original post...

Some people say I must wait 10 years from the day my probation is over which is around March of 2013

Oh, oops, read that as probation over March 2013, not probation over 2003 and 10 years.

In the words of Emily Litella

[youtube]http://youtube.com/watch?v=V3FnpaWQJO0[/youtube]

[sjfcontrol]

Hmm, well now that you mention it, I suppose that COULD be what he meant. But I read it as the 10 year wait being over in 2013. Whatever...

[nmtzjr]

Let me explain the EOC charge. I was put on 6 years probation in early 2007 for EOC, so I should be done with it early next year. The Deadly Conduct charge was time served.

[sjfcontrol]

So, Keith, guess it is I that should be quoting Emily Litella...

[Keith B]

Let me explain the EOC charge. I was put on 6 years probation in early 2007 for EOC, so I should be done with it early next year. The Deadly Conduct charge was time served.

sjf, after reading it again, I thought maybe like you. Thanks for clearing it up nmtzjr. Since this is the case, you will not be elligble at a minimun until 2023 unless rules change on eligibility. See my above post.