Class B Misdemeanor questions

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Wanttocarry
Junior Member
Posts: 6
Joined: Sun Apr 03, 2011 4:00 pm

Class B Misdemeanor questions

Post by Wanttocarry »

I have searched the forum and have not been able to find a clear answer to my situation. I have 2 class B misdemeanors both of which were for reckless driving. I have nothing else negative in my background other than those. I read somewhere that a class B only disqualifies you if it was related to violence or chemical dependency. So am I disqualified for 10 years from my first offense or an I good to go? Any help would be great.
User avatar
2up1down
Member
Posts: 161
Joined: Thu Jun 03, 2010 5:47 pm

Re: Class B Misdemeanor questions

Post by 2up1down »

http://www.txdps.state.tx.us/administra ... hlfaqs.htm" onclick="window.open(this.href);return false;

Check number 25, I know it's a different offense, but same class (B).

and it would be from the last not first offense.

Good luck, study the DPS site if you can't find answers here.
Become a Student of the Law we live under and proficient in the protection of yourself: so you may protect your Family, State and way of Live. Awareness is your first defense, avoidance your first tactic. If engagement is forced, Stop when the threat is gone.
User avatar
WildBill
Senior Member
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: Class B Misdemeanor questions

Post by WildBill »

Wanttocarry wrote:I have searched the forum and have not been able to find a clear answer to my situation. I have 2 class B misdemeanors both of which were for reckless driving. I have nothing else negative in my background other than those. I read somewhere that a class B only disqualifies you if it was related to violence or chemical dependency. So am I disqualified for 10 years from my first offense or an I good to go? Any help would be great.
Unless you post all of the relavent information including alcohol/dependency and dates, your eligibility can not be determined.
NRA Endowment Member
Wanttocarry
Junior Member
Posts: 6
Joined: Sun Apr 03, 2011 4:00 pm

Re: Class B Misdemeanor questions

Post by Wanttocarry »

That was for a DWI which I believe would fall under substance abuse of sorts. I have searched ever site I can find but no one can give me a straight answer on it.
User avatar
WildBill
Senior Member
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: Class B Misdemeanor questions

Post by WildBill »

Wanttocarry wrote:That was for a DWI which I believe would fall under substance abuse of sorts. I have searched ever site I can find but no one can give me a straight answer on it.
Again, it depends on the dates of both offenses and whether they both involved alcohol.
NRA Endowment Member
Wanttocarry
Junior Member
Posts: 6
Joined: Sun Apr 03, 2011 4:00 pm

Re: Class B Misdemeanor questions

Post by Wanttocarry »

Sorry neither involved alcohol. I was speeding at more than 20 mph over the limit. The first was about 8 years ago and the last was about 5 years ago. Sorry for the confusion.
User avatar
WildBill
Senior Member
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: Class B Misdemeanor questions

Post by WildBill »

Wanttocarry wrote:That was for a DWI which I believe would fall under substance abuse of sorts. I have searched ever site I can find but no one can give me a straight answer on it.
Wanttocarry wrote:Sorry neither involved alcohol. I was speeding at more than 20 mph over the limit. The first was about 8 years ago and the last was about 5 years ago. Sorry for the confusion.
If neither involved alcohol, it still depends on the time frame. "About 5 years ago" is not good enough information. It's either over five years or less than five years.
NRA Endowment Member
Wanttocarry
Junior Member
Posts: 6
Joined: Sun Apr 03, 2011 4:00 pm

Re: Class B Misdemeanor questions

Post by Wanttocarry »

Ok just looked it up. The first was 9/03 and the last was 8/06.
User avatar
WildBill
Senior Member
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: Class B Misdemeanor questions

Post by WildBill »

Wanttocarry wrote:Ok just looked it up. The first was 9/03 and the last was 8/06.
It looks like you will have to wait until September 2011.
NRA Endowment Member
User avatar
Keith B
Moderator
Posts: 18503
Joined: Sat Aug 18, 2007 3:29 pm

Re: Class B Misdemeanor questions

Post by Keith B »

Wanttocarry wrote:Ok just looked it up. The first was 9/03 and the last was 8/06.
Eligibility is based upon 5 years from your conviction date, not the date of the offense. So if the conviction was 08/15/06 then you would be eligible on 08/16/11 to apply.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4
User avatar
WildBill
Senior Member
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: Class B Misdemeanor questions

Post by WildBill »

Keith B wrote:
Wanttocarry wrote:Ok just looked it up. The first was 9/03 and the last was 8/06.
Eligibility is based upon 5 years from your conviction date, not the date of the offense. So if the conviction was 08/15/06 then you would be eligible on 08/16/11 to apply.
:iagree: Thanks Keith! :tiphat:
NRA Endowment Member
Wanttocarry
Junior Member
Posts: 6
Joined: Sun Apr 03, 2011 4:00 pm

Re: Class B Misdemeanor questions

Post by Wanttocarry »

That's good news. I have heard that if you have had 2 or more that you have to wait 10 years. Is there any truth to that?
User avatar
2up1down
Member
Posts: 161
Joined: Thu Jun 03, 2010 5:47 pm

Re: Class B Misdemeanor questions

Post by 2up1down »

http://www.txdps.state.tx.us/administra ... edlaws.htm" onclick="window.open(this.href);return false;

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding
the date of application under this subchapter or is otherwise eligible for
a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor
or equivalent offense, or of an offense under Section 42.01,
Penal Code, or equivalent offense, or of a felony under an information
or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class B
misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the
proper use and storage of a handgun;
8) has not, in the five years preceding the date of application, been
convicted of a Class A or Class B misdemeanor or equivalent offense or
of an offense under Section 42.01, Penal Code, or equivalent offense;

(9) is fully qualified under applicable federal and state law to purchase
a handgun;
(10) has not been finally determined to be delinquent in making a
child support payment administered or collected by the attorney general;
(11) has not been finally determined to be delinquent in the payment
of a tax or other money collected by the comptroller, the tax collector of
a political subdivision of the state, or any agency or subdivision of the
state;
(12) is not currently restricted under a court protective order or subject
to a restraining order affecting the spousal relationship, other than
a restraining order solely affecting property interests;
(13) has not, in the 10 years preceding the date of application, been
adjudicated as having engaged in delinquent conduct violating a penal
law of the grade of felony; and
(14) has not made any material misrepresentation, or failed to disclose
any material fact, in an application submitted pursuant to Section
Become a Student of the Law we live under and proficient in the protection of yourself: so you may protect your Family, State and way of Live. Awareness is your first defense, avoidance your first tactic. If engagement is forced, Stop when the threat is gone.
User avatar
WildBill
Senior Member
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: Class B Misdemeanor questions

Post by WildBill »

Wanttocarry wrote:That's good news. I have heard that if you have had 2 or more that you have to wait 10 years. Is there any truth to that?
If the offenses involve alcohol or drugs, yes it is true.
NRA Endowment Member
Wanttocarry
Junior Member
Posts: 6
Joined: Sun Apr 03, 2011 4:00 pm

Re: Class B Misdemeanor questions

Post by Wanttocarry »

Great thanks for your help.
Post Reply

Return to “General Texas CHL Discussion”