TX CHL Disqualifiers

CHL discussions that do not fit into more specific topics

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SuperDave
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TX CHL Disqualifiers

Post by SuperDave »

Hello, I was a bad kid 20 Yrs ago :reddevil (sry) I did grow up. :coolgleamA:
I recieved a felony thieft in 92, Criminal mischief in (thinking) 95-ish My question is for a felony 20 Yrs ago will that disqualify me to obtain a CHL in TX?
I know there is a 5 year waiting period for a misdemeanor, just wanted to know if I would be DQ-ed for my felony 20 Yrs ago.
Appericate anyones help with this post.

Thank,
Dave
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Keith B
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Re: TX CHL Disqualifiers

Post by Keith B »

SuperDave wrote:Hello, I was a bad kid 20 Yrs ago :reddevil (sry) I did grow up. :coolgleamA:
I recieved a felony thieft in 92, Criminal mischief in (thinking) 95-ish My question is for a felony 20 Yrs ago will that disqualify me to obtain a CHL in TX?
I know there is a 5 year waiting period for a misdemeanor, just wanted to know if I would be DQ-ed for my felony 20 Yrs ago.
Appericate anyones help with this post.

Thank,
Dave
Will depend. Were you an adult or a juvenile? Are you able to buy a gun through a dealer and pass the NICS background check? That is the first hurdle. Secondly, was the felony charge differed or expunged from your record? Third, would the theft charge still be a felony today? If not, it may not be a disqualifier.

Best bet is to get a disposition on the felony charge from the court clerk in the county that it occurred and then contact DPS CHL division to see if it would disqualify you.

Also, your Criminal Mischief charge should not be an issue as it would be a misdemeanor, but you will also need the disposition of that to sent as well if you can apply.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

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SuperDave
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Re: TX CHL Disqualifiers

Post by SuperDave »

Thank's Keith, I can purchase weapons and have, I was a adult, I guess my next step is to get a depo and contact the state befor I move on?
Dave.
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Keith B
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Re: TX CHL Disqualifiers

Post by Keith B »

SuperDave wrote:Thank's Keith, I can purchase weapons and have, I was a adult, I guess my next step is to get a depo and contact the state befor I move on?
Dave.
Yes, I would suggest that as your next step.

One thing to look at is if the amount you stole (value) would no longer be considered a felony you may be able to get your CHL. You may want to read through the CHL-16 here http://www.txdps.state.tx.us/internetfo ... CHL-16.pdf" onclick="window.open(this.href);return false; and refer to page 5 on that note.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4
srothstein
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Re: TX CHL Disqualifiers

Post by srothstein »

I think the correct question is if you were convicted of the felony as an adult. If so, then it is a federal felony for you to possess a firearm and a state felony for you to have one away from your home.

The fact that you were able to buy a firearm is not a true indicator since the NICS records are known to be incomplete.

When you committed the felony, were you in Texas and over 17 (other states may have a different age for adulthood)? If so, were you convicted of the felony, and not a lesser charge? For these purposes, a conviction means a real conviction, not deferred adjudication. Deferred adjudication may change the rules for buying a gun, but may or may not DQ you for a CHL.

You need to get certified records from each county where you had crimes and then check them against the DPS rules. I suggest you consult with an attorney instead of just us since this may get tricky and you really need quality advice with the facts available.
Steve Rothstein
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Jumping Frog
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Re: TX CHL Disqualifiers

Post by Jumping Frog »

SuperDave wrote: I recieved a felony thieft in 92,
Don't you mean you committed felony theft? The passive voice in "received" makes it sound like you got a criminal offense in the mail and had nothing to do creating the circumstances.

Reminds me of,"the gun went off" instead of "the person fired the gun".
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

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SwimFan85
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Re: TX CHL Disqualifiers

Post by SwimFan85 »

SuperDave wrote: I recieved a felony thieft in 92,
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