am I eligble?

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liberty2014
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Joined: Sat Dec 08, 2012 1:17 am

am I eligble?

Post by liberty2014 »

I was placed on deferred adjudication in 2007 for assault bi that i plead no contest to. I know i am able to buy firearms because i have before and am currently an NRA certified firearm instructor. is there a number i can call to find out before i dish out the money for the chl process? Thanks and Gig em!
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Jumping Frog
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Re: am I eligble?

Post by Jumping Frog »

When did you complete the deferred adjudication?

Assuming you mean the Class A Misdemeanor, Sec. 22.01(a)(1), then I believe you must wait 5 years from the date you complete the deferred adjudication.

Of course, if I am wrong on when the 5 year clock starts, there will someone coming along to straighten me out.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
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Crossfire
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Re: am I eligble?

Post by Crossfire »

5 years from the date of conviction for a Class A or Class B misdemeanor. Completion of probation or deferred adjudication has nothing to do with it.

If it was a felony conviction, or assault on a family member (domestic violence), then it is a forever disqualifier.
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Stripes Dude
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Re: am I eligble?

Post by Stripes Dude »

5 years.....unless its sealed under order of non-disclosure. Then you can apply immediately. I know this is the case as a family member was dealing with the exact same thing (attacked at a bar, won the fight but was the one arrested). He now has his CHL.
You would have needed to wait for two years after completion of probation to have it sealed in Texas. There are a handful of offenses that can't be sealed immediately, and assault is one.
Also, helps for employment background checks too. The FBI record will still have the offense, but it will also say order of non disclosure on it.

And for the curious out there....here's the statute from CHL 16:

(4) “Convicted” means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardonedundertheauthorityofastateorfederalofficial;or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or
sealed under any state or federal law.
liberty2014
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Posts: 102
Joined: Sat Dec 08, 2012 1:17 am

Re: am I eligble?

Post by liberty2014 »

Thanks guys, i just set an appointment to get my finger prints done.
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