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Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 4:10 pm
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.

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 4:26 pm
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.

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 4:33 pm
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.

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 4:39 pm
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.

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 4:41 pm
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.

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 4:45 pm
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.

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 4:55 pm
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.

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 5:08 pm
by Wanttocarry
Ok just looked it up. The first was 9/03 and the last was 8/06.

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 5:10 pm
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.

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 5:11 pm
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.

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 5:12 pm
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:

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 5:20 pm
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?

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 5:22 pm
by 2up1down
http://www.txdps.state.tx.us/administra ... edlaws.htm" onclick="window.open(this.href);return false;

GC ยง411.172. 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

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 5:32 pm
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.

Re: Class B Misdemeanor questions

Posted: Sun Apr 03, 2011 5:48 pm
by Wanttocarry
Great thanks for your help.