Felony from 1982 - 4 years probation

[DrRock]

I have searched and could not find a situation in the forum close to mine, so I thought I would ask;

In 1982, when I was 19, I was convicted of possession of marijuana (Felony) and plea bargained for 4 years probation (in Taylor County). 6 oz's of Pot was found in the house I bought from my parents. I had two roommates (a girlfriend and friend I grew up with) living with me. Both of them had previous criminal issues and had parents who had money to spend on attorneys. I ended up with the "over 4 oz" felony and they got misdemeanor charges.

I did less than the 4 years because my fines were paid early and never had any more problems. Since then I have also not even had as much as a speeding ticket, been Married over 25 years and have put both kids through college. I pulled an Accurint report to see what was listed and it shows the following info under "Criminal Records" - "Court Plea" - unknown or unreported and "Court Disposition" as Convicted and "Sentence" was Probation 4 years.

I am now 50 and want to know how, if at all, how can I get a CHL?

And 2nd question is since I purchased the two weapons prior to being arrested (Semi auto 22's) when I was 18, can I take them to an indoor shooting range legally?
Would I be breaking a law?

[TheDude]

Yes. According to Texas law If you have ever been convicted of a Felony you cannot possess a firearm anywhere but in your own home much less get a CHL. However, Federal law prevents you from even possessing a firearm in your home. You may be able to have the charge expunged. Contact a lawyer and see what your options are.

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

[DrRock]

Should I hire an Attorney in the County which this occurred, I assume I would have better luck using an Attorney who golfs with the judges in that area ;)

So the way I read what you posted says, even if I owned the weapons before the arrest/conviction I was correct by giving up my firearms? The weapons were legally purchased and were registered in my name. No one ever asked (that I can remember) nor has anyone asked since.

I appreciate any input/suggestions anyone can give me - Can I find an Attorney in Taylor county on this website?

[AEA]

The weapons were ligally purchased and were registered in my name.

There never has been (or ever will be - we hope) any REGISTRATION in the State of Texas, except for Class III items.

[Crossfire]

If the felony offense is no longer classified as a felony - then it is not considered a felony for CHL purposes. Possession of marijuana, in small amounts, is now a misdemeanor.

I would first contact DPS to find out how your offense would be classified today, and if they say "misdemeanor", then you are good to go!

[puma guy]

The weapons were ligally purchased and were registered in my name.

As stated there is no registration in Texas and I don't want to steer the post away from the original topic, but an 18 year old can not legally purchase a handgun in Texas from a dealer/ FFL holder. An 18 year old can possess a handgun, though. Until you ascertain the status of your conviction I would take any chances by transporting a firearm to go shooting. IANAL
.

[Jaguar]

If the felony offense is no longer classified as a felony - then it is not considered a felony for CHL purposes. Possession of marijuana, in small amounts, is now a misdemeanor.

I would first contact DPS to find out how your offense would be classified today, and if they say "misdemeanor", then you are good to go!

I think it is still a felony, a "state jail felony" but still a felony. He did say over four ounces.

Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA.
(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;
(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;
(4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;
(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and
(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.

Probably have to go the expunged route, good luck. IANAL

[CainA]

http://www.mytexasdefenselawyer.com/tex ... marijuana/" onclick="window.open(this.href);return false;

So, I gather that ≥4oz. = state jail felony? Although one line says less than 4 oz. and another says more than 4 oz. neither says 4 oz. on the nose.

Jag. cleared that up with his post above.

[CainA]

Yeah, he said over 4oz.

[Keith B]

So, with that stated that 6oz is still a state jail felony, probation is a conviction, and unless you have had it legally removed or expunged from your record then you are not allowed to posses firearms and you will not be able to get a CHL.

[Jaguar]

It's sad, over thirty years ago someone is convicted of a petty offence (even if it is a felony), turns their life around, and still not endowed with their unalienable rights.

I know there are some here who can say, "but by the grace of God, go I."

[nightmare69]

It's sad, over thirty years ago someone is convicted of a petty offence (even if it is a felony), turns their life around, and still not endowed with their unalienable rights.

I know there are some here who can say, "but by the grace of God, go I."

I was lucky, I was 13yrs old when I was arrested for felony theft, I was a stupid teen back then. Im glad you only have to wait 10yrs after convection of a juvenile felony.

[DrRock]

Well that is certainly disappointing to hear.

And to clear up the confusion I caused, I purchased 2 weapons prior being arrested, (and have since given them to a family member) a semi auto 22 pistol and a semi auto 22 rifle. I seem to remember buying the 22 rifle in a store when I was 16 and I bought the pistol from the armed security guard that patrolled the restaurant I managed at night when I was 18. I assumed an 18 year old could purchase a firearm back in 1981, but obviously I was smoking weed back then and might have have lost a few brain cells. Both times I filled out paperwork that lead me to believe I was actually registering when I purchased them.

Never the less, any suggestions of what attorney I should contact in Taylor county? I would prefer one that is over 50 or 60 years old, and deals with this type of case.

Thanks for everyone's input.

[TheDude]

So the way I read what you posted says, even if I owned the weapons before the arrest/conviction I should have given up my firearms? Who should I have given them too? The weapons were ligally purchased and were registered in my name. No one ever asked (that I can remember) nor has anyone asked since.

Like others have stated there isn't a registration in Texas. I am not sure legally what you were supposed to do with the firearms. You will be charged however if you are caught with them in your possesion. I am not sure what constitutes possesion but even being in the house where you live could get you in trouble if someone really wanted to go after you about it. Not sure why they would but lets say you use one in self-defense. I am pretty sure then technically you would be charged. Not for defending yourself most likely but for unlawful possesion of a firearm.

It's a rotten deal man. I am definitely one who thinks people should be able to get their rights back after a certain amount of time with no other convictions. Especially for something like possesion of weed. There are lots of us who could have easily had that charge when we were young. LOL. 4oz sounds like a lot to some people but its really not a whole lot even for personal use. Again get a lawyer and see what can be done. That's really your only choice.

[Jumping Frog]

Well that is certainly disappointing to hear.

And to clear up the confusion I caused, I own .... I seem to remember buying ...

May I suggest that you edit your posts.

If someone was convicted of a felony that could have greater than one year imprisonment, having possession of firearms or ammunition is a federal felony, punishable by up to 10 years in prison per count. That is 10 years per gun and 10 years for each round of ammunition.

http://en.wikipedia.org/wiki/Felon_in_p ... _a_firearm" onclick="window.open(this.href);return false;

If I unknowing possessed something I shouldn't, I would prefer not to see that information publicly posted on the Internet.

Now, if it was a State Jail Felony, my memory is fuzzy but I think those have a maximum sentence of one year imprisonment. The max needs to be a year plus 1 day for the federal disability to apply.