Felony from 1982 - 4 years probation

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Jaguar
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Re: Edit your posts.

Post by Jaguar »

Jumping Frog wrote: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.
I looked it up.
§ 12.35. STATE JAIL FELONY PUNISHMENT.

(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.

(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
I don't know the federal cutoff, but if you are correct the max of two years would be over that. IANAL so any advice I give is just some dude on the internet.
"I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -- James Madison
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Jumping Frog
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Re: Edit your posts.

Post by Jumping Frog »

Jaguar wrote:.... an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years ....
Then a state jail felony conviction absolutely places a person under federal firearms disability.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

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The Annoyed Man
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Re: Felony from 1982 - 4 years probation

Post by The Annoyed Man »

Crossfire wrote: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!
Does federal law recognize that change in conviction status? In other words, just because the state says it is no longer a felony conviction, does the federal government recognize that it is no longer a felony conviction?

Weed........ I bought it, smoked it, ate it.......a lot of it. But I never sold any, and I never got arrested with any. I had a friend who bought it by the pound for personal use, never sold an ounce of what he bought. He smoked a LOT of weed, and was high all the time. You could smell it on his breath the way you smell cigarettes on someone else. But the fact is that—back then—4 oz was a "quarter pound," and a lot of the time, people who bought in that quantity were in fact buying 4 oz so they could sell 3 and subsidize their own oz. So I think that's why it was the "borderline amount" beyond which you were considered to be involved in sales—a felony. Even when simple possession laws began to loosen up into misdemeanor convictions (I can remember when even 1 oz was a felony possession in California), sale of weed was still a felony charge.

I agree with TheDude that those people who have had felony convictions for what are today considered minor offenses should have their convictions automatically expunged and rights restored if they have remained clean since then. 31 years is a LONG time to have some crappy little thing like this hanging over your head......particularly in the name of a "war on drugs" that few people believe in or care about any longer. Heck, in Colorado, DrRock would be hailed as a folk hero and a martyr to the cause. OTH, he would find it difficult to own most anything semiautomatic there regardless of his conviction status.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

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Re: Felony from 1982 - 4 years probation

Post by bizarrenormality »

This is going on your permanent record young man!
DrRock
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Re: Felony from 1982 - 4 years probation

Post by DrRock »

Thanks for the recommendation.

It is sad that federal law enforcement has nothing better to do then to scan these message boards / forums regarding CHL's. Maybe their time would be better spent looking on the sites that talk about how to make bombs that are used against our own citizens.

I have found an Attorney in Abilene and will have the conviction expunged - Once I go through the expense and time, then most likely 4 oz's of pot "for personal use" will be legal and it was all for not. The difference between the crime I committed and other crimes that have the same punishment such as Rape, Manslaughter, Murder, Molestation, and 3rd, 4th and 5th DWI's etc... these will NEVER BE LEGAL.

Thanks to all that responded, as I step off my short soapbox.

On a side note, my original post said something like "there was 6 oz's of pot found in the house I bought from my parents" It was the house I bought from my parents, not the weed :)
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