TexasCHLforum.com

I know these type of questions have been asked over and over, but I've read most of what's in this forum and I'm still unsure. So here goes....

Here's my situation. In 1982, when I was barely 18 years old, a friend and I made some reeeealy bad decisions and we were arrested for burglary of a building. We pled guilty and were placed on 10 years of probation (deferred adjudication). I completed the 10 years of probation. I never lost my right to vote, and I can buy firearms. So...am I eligible or not?

I've seen some comments about deferred adjudication being considered a conviction, which would seem to be a permanent disqualification. I've also seen comments relating to a 10 year period for deferred adjudication. I tried to read the 2009 update to the CHL law, but not being a lawyer or a legislator...I got lost in the complicated language. It seemed to be adding burglary of a habitation to the disqualification list. I also thought I interpreted the law to read that burglary of a building (which I was guilty of) was the lowest grade of felony for burglary. Reading the "exemptions to disqualification" section of the law, it seemed to allow burglary of a building, but I can't say I'm certain. Can somebody help me?

I made my one (non-violent) mistake, and I paid the price. I went to college, got married, have a wife and two kids, a mortgage, and a car loan. I pay (too much) taxes, and I vote in every election. Looking back, I can honestly say that getting arrested was a good thing for me. If we hadn't gotten caught, things would likely have only gotten worse. The way it turned out, I got my wakeup call and turned things around.

If I can't get a CHL, I guess I'll just have to chalk it up to "actions have consequences" and go on about my life. Maybe that will be a good object lesson for my kids some day.

What type of building?

If it was a commercial building, then I think the deferred adjudication no longer counts as a conviction after 10 years.

If it was someone's home (a habitation) then it's permanently disqualifying, unless it was expunged, pardoned, etc.

IANAL

"Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:
(A) each separately secured or occupied portion of the structure or vehicle; and
(B) each structure appurtenant to or connected with the structure or vehicle.

It was a commercial building...NOT a habitation. In point of fact, (very sheepish grin) it was my High School.

rjt123 wrote:It was a commercial building...NOT a habitation. In point of fact, (very sheepish grin) it was my High School.

Then you are eligible for a CHL as long as there is nothing else that would disqualify you. You will need to get not only disposition documents, but also charging documents to show the burglary was of a building other than a habitation.

Chas.

Chas,

Thanks so much for your reply! How would I go about obtaining those documents? Talk to somebody at the county courthouse, I assume. What department should I ask for?

rjt123 wrote:Chas,

Thanks so much for your reply! How would I go about obtaining those documents? Talk to somebody at the county courthouse, I assume. What department should I ask for?

Hello and welcome to the forum.

Your situation sounds exactly like what I went through almost down to the year.

As Mr.Cotton pointed out, you will need to obtain a certified copy of the Disposition.
What you need to do is go to the County Clerks office in the city or county in which
you were arrested, and for a nominal fee and proper identification they will provide it for you.

You must list the arrest on your CHL application and send the Disposition along with it.
You should make copies of everything and retain them for your records.

Congratulations on your decision to pursue your CHL and Good luck to you.

USA1,

Thanks for the information. This is exactly what I need to know. Glad to be here!

rjt123 wrote:USA1,

Thanks for the information. This is exactly what I need to know. Glad to be here!

No problem. If you need anything else, don't hesitate to ask.
Please keep us posted.

Folks,

Just thought I'd update the thread. I got my CHL in the mail on 3/30/11 (exactly 60 days after I sent in my application). I want to thank you all so much for your help. It never would have been without you. Thanks!

rjt123 wrote:Folks,

Just thought I'd update the thread. I got my CHL in the mail on 3/30/11 (exactly 60 days after I sent in my application). I want to thank you all so much for your help. It never would have been without you. Thanks!

Good news! But you know that it's not official until you do the Wally Walk.

rjt123 wrote:Folks,

Just thought I'd update the thread. I got my CHL in the mail on 3/30/11 (exactly 60 days after I sent in my application). I want to thank you all so much for your help. It never would have been without you. Thanks!

Thanks for the update and congrats on getting your plastic

rjt123 wrote:Folks,

Just thought I'd update the thread. I got my CHL in the mail on 3/30/11 (exactly 60 days after I sent in my application). I want to thank you all so much for your help. It never would have been without you. Thanks!

Yay!...congratulations!

sounds like a success story in more ways than one. Congratulations

rjt123 wrote:Just thought I'd update the thread. I got my CHL in the mail on 3/30/11 (exactly 60 days after I sent in my application). I want to thank you all so much for your help. It never would have been without you. Thanks!

Congrats! I love to hear success stories...

I understand it was not a felony, otherwise it would be a disqualification for good. Am I correct?