Disturbing the peace out of state

[britalbers4]

Quick question!
maybe :D

My husband was charged with disturbing the peace in Louisiana two years ago, no jail time, and a very small fine. That is his only charge, ever. He recently applied for his chl and took the class today, we've got everything ready to send in to finish it. He is just really worried now that it will come back denied because of this. Any thoughts? I have racked my brain and looked up everything i could possibly research online. Everything seems to go back and forth. I am hoping all will be fine, he was recently cleared through the ATF at work because he works with explosives. I know they are strict, there have been many guys at his company let go because of that. Any opinions or facts greatly appreciated! thank you

[JP171]

get a certified copy of the charge and disposition from the parish clerk where it happened, see what it says, if its a class c misdemeanor then you should be good to go, the other course of action is to call DPS in Austin and ask them. but still get the cetified copy

[apostate]

If it was in Texas, the answer would be easy. Under GC 411.172(8) a conviction "of an offense under Section 42.01, Penal Code" (DISORDERLY CONDUCT) means five years of ineligibility. I'm not sure if DPS would consider an out of state conviction for disturbing the peace to be equivalent.

[Jumping Frog]

Looks like the LA crime fits between being equivalent to a Class C and a Class B Texas misdemeanor.

B.(1) Whoever commits the crime of disturbing the peace shall be fined not more than one hundred dollars or imprisoned for not more than ninety days, or both.

The $100 fine is less that the $500 you can be fined in Texas for a Class C, but the 90 days is in between Class C (0 days) and Class B (180 days).

It will be up to the DPS, but I would not be terribly surprised if they said, "nope".

[britalbers4]

I appreciate the input! Thank you very much!

[RPBrown]

Big key here is was he arrested or just a citation?