TexasCHLforum.com

Let me start by giving you the scenerio. It was 1987 when I was convicted for Possesion of drugs. (22 years of age) I recieved ten years probation and completed with no other faults or conviction added. 1997 was the end term. that was about 14 years ago if I am correct.

Am I diqualified from obtaining my CHL at this time. I am 47 years of age now.


What do you all think?

I was denied by FBI to buy a weapon but I still need to go through the appeal proceess and see what it was denied for. I have a son that has the same name as I do and he does have some traffic violations that he has not taken care of and resulted in warrants.

sonnen42

sonnen42 wrote:Let me start by giving you the scenerio. It was 1987 when I was convicted for Possesion of drugs. (22 years of age) I recieved ten years probation and completed with no other faults or conviction added. 1997 was the end term. that was about 14 years ago if I am correct.

Am I diqualified from obtaining my CHL at this time. I am 47 years of age now.


What do you all think?

I was denied by FBI to buy a weapon but I still need to go through the appeal process and see what it was denied for. I have a son that has the same name as I do and he does have some traffic violations that he has not taken care of and resulted in warrants.

sonnen42

First off, welcome to the forum.

If your possesion charge was a felony, then you are not eligible for a CHL unless the conviction was set-aside or expunged by a Judge. If it was a felony, it would probably be the reason for the NICS denial on purchase of a firearm. I doubt your son's outstanding traffic tickets would prevent a NICS background check purchase.

Here is part of the eligibility requirements and some FAQ's here http://www.txdps.state.tx.us/administra ... hlfaqs.htm" onclick="window.open(this.href);return false;

TEXAS CONCEALED HANDGUN LAWS GC §411.172. 3***

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 an offense under Section 42.01, Penal Code, 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;
(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 an offense under
Section 42.01, Penal Code;
(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;
.....

Hello Kieth,

Thanks for your reply. I was sure hoping something could be done. I will try with the Expunge method then.


Sonnen42

sonnen42 wrote:Hello Kieth,

Thanks for your reply. I was sure hoping something could be done. I will try with the Expunge method then.


Sonnen42

I would suggest you get a good lawyer to help you with this to make sure that the expungment would open you back up to legally own a firearm also. That is the first step, then the CHL.

From what I know possession of drugs can either be a Class A misdemeanor or A State Jail felony. Like others have said, if its a felony, then you are disqualified. However, a Class A or B misdemeanor only make you disqualified for 5 years.

As for the NICS denial, that could be because of the conviction, OR it could be they are missing you up with someone else. I'm guessing you and your son aren't the only people in the United states with that name.

sonnen42 wrote:. . . I recieved ten years probation . . .

Certainly sounds like a felony -- any conviction that carries a possible penalty greater than one year means a lifetime federal disability. If you currently own any firearms, I would strongly encourage you to have a trustworthy friend or relative keep them on your behalf until the day you clear your record and restore your rights. Possessing firearms while under federal disability is a felony. Talk to an attorney about whether you can get your record expunged or sealed, since that is your only practical avenue to restoring federal firearms rights.

BTW, don't try to purchase any more firearms either until the day this is cleared up. Attempting to purchase a firearm while under federal disability is a crime in itself.

Thanks Guys,

Like I said before , then the issue is to expunge. I will go that route and see what happens. certainly you all gave me great insight and advice.

Thanks Again,

sonnen42

I was under the impression that you couldn't get felony convictions in Texas expunged without effectively being declared not-guilty retroactively; and that a non-disclosure order was the best you could do.

Might want to read these:

Texas Department of Public Safety - read the section titled "Expunction of criminal history record information & related issues"
http://www.txdps.state.tx.us/administra ... ecords.htm" onclick="window.open(this.href);return false;

Here is the Texas CODE OF CRIMINAL PROCEDURETITLE 1. CODE OF CRIMINAL PROCEDURECHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS
http://www.statutes.legis.state.tx.us/D ... .htm#55.01" onclick="window.open(this.href);return false;

Of particular interest is this:
Art. 55.03. EFFECT OF EXPUNCTION. When the order of expunction is final:(1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;(2) except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and(3) the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.

In short... it depends. If you qualify, yes, you can get your record expunged.

Now some will say yeah, but Federally speaking you still can't own a gun. Short answer... it depends. If you have a qulaifying conviction expunged, then yes, you can own a firearm. Also, Federal laws typically defer to state law regarding this matter.

Here is the link to the United States Code for 18 USC CHAPTER 44 - FIREARMS
http://uscode.house.gov/download/pls/18C44.txt" onclick="window.open(this.href);return false;

Now... if you read through all of that.... consider this:

The BATF says:
"In addition, a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing firearms.
[18 U.S.C. 921(a)(33), 27 CFR 478.11]"


Whew... One more item. I AM NOT A LAWYER and this is NOT LEGAL ADVICE. :)

Cheers!

I'm no lawyer I think there is a way to get your conviction off so you can have guns

Must be expunged with full restoration of all legal rights

Get a lawyer with expertese in this kind of matter

Jumping Frog wrote:

sonnen42 wrote:. . . I recieved ten years probation . . .

Certainly sounds like a felony -- any conviction that carries a possible penalty greater than one year means a lifetime federal disability. If you currently own any firearms, I would strongly encourage you to have a trustworthy friend or relative keep them on your behalf until the day you clear your record and restore your rights. Possessing firearms while under federal disability is a felony. Talk to an attorney about whether you can get your record expunged or sealed, since that is your only practical avenue to restoring federal firearms rights.

BTW, don't try to purchase any more firearms either until the day this is cleared up. Attempting to purchase a firearm while under federal disability is a crime in itself.

I understand the lifetime disability of owning a firearm. But what if the state issues you a hunting license? I can't hunt deer with a rope. I can't hunt dove with a bull whip. So it is ok to step aside the law if I am the state and receive money, but if you actually want to have a gun, then that is another matter.
Not trying to start anything or blame anyone. But doesn't it seem just a little one sided that if a person was convicted and served his time, then the law should also forgive him? Drug possession is a big difference from murder or armed robbery.
As far as the son also being turned down, that is because he has warrants for traffic tickets. As far as he state is concerned, he is a fugitive from justice.

gwtrikenut wrote:I understand the lifetime disability of owning a firearm. But what if . ..

Hey, I am not saying the law is fair or just. But that is federal law. If you don't like it, work to change it. Felons were allowed to possess guns for the first 200 years or so and our Republic seemed to survive quite nicely.

As far as a hunting license goes, people hunt with bows and arrows and with black powder muzzle loaders all the time. I believe both avenues are legal for felons.

Jumping Frog wrote:Felons were allowed to possess guns for the first 200 years or so and our Republic seemed to survive quite nicely.

When did that change, and why?

The Annoyed Man wrote:

Jumping Frog wrote:Felons were allowed to possess guns for the first 200 years or so and our Republic seemed to survive quite nicely.

When did that change, and why?

I don't remember off the top of my head if that was the 1968 gun control act or the 1986 FOP, but IIRC, I think it was 1986. I got to get to work now, so I don't have time to look it up. I am sure someone will come along and fill us in.

You ask, "Why?" Because they are gun control idiots looking for every opportunity to restrict anything they can, I guess.

With the recidivism rate, I really do not have a problem with the anti's winning that battle. Last thing I want to hear is that some ex-felon, who was carrying legally, shot someone. Then we have to explain why it was such a good idea to let them carry.

Perhaps, if they were to ammend that law, it could be to allow ex-felons with non-violent convictions to carry after a certain number of years.

RJ