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Another Eligibility Question From A New Guy

Posted: Fri Jul 20, 2012 11:18 am
by txdude350
Hey everyone,

So in 2007 I was arrested for a felony... it was stupid. I plead down to a misdemeanor and got deferred adjudication with 2 years probation. The sentencing was April 2008. I completed everything and was dismissed in April 2010, as promised. No convictions on my record. Damn crying shame... I spent 5 years of my life dealing with this disaster, all because I was with someone that broke the law... Guilty by association, I suppose.

Now... My mother is a paralegal and made a phone call to the legal dept. of DPS. One person did not have a clue what she was doing and said 10 years from 2010 I would be eligible. Anyway, she spoke with a more intelligent man last week and he said that I am eligible in April 2013, 5 years after the sentencing. I want to confirm this with any of you that are lawyers and/or have been in this situation. I can't wait to get this done and carry. Especially with the news out of Colorado. Very sad...

I am also going to create a new thread with few more unrelated questions. Thanks

Re: Another Eligibility Question From A New Guy

Posted: Fri Jul 20, 2012 1:10 pm
by recaffeination
Five years for a Class A or B Misdemeanor conviction.

Ten years for deferred adjudcation of a felony.

There are some exceptions but based on the information you gave it sounds like you're eligible after a five year time out. Hopefully you have a better class of friends now.

Re: Another Eligibility Question From A New Guy

Posted: Fri Jul 20, 2012 1:12 pm
by RPBrown
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;

Re: Another Eligibility Question From A New Guy

Posted: Fri Jul 20, 2012 2:03 pm
by txdude350
recaffeination wrote:Five years for a Class A or B Misdemeanor conviction.

Ten years for deferred adjudcation of a felony.

There are some exceptions but based on the information you gave it sounds like you're eligible after a five year time out. Hopefully you have a better class of friends now.

Thanks for your response. I was a 17 year old kid at the time, and was not aware that someone was breaking the law. Anyway... doesn't matter now. Thanks again. 5 year timeout is almost over.

Re: Another Eligibility Question From A New Guy

Posted: Fri Jul 20, 2012 2:16 pm
by WildBill
So, at 17, you were charged as an adult? I thought there were some difference rules for crimes committed while a minor.

Re: Another Eligibility Question From A New Guy

Posted: Fri Jul 20, 2012 2:20 pm
by Dave2
WildBill wrote:So, at 17, you were charged as an adult? I thought there were some difference rules for crimes committed while a minor.
Maybe that's why he got charged with a misdemeanor instead of a felony?

Re: Another Eligibility Question From A New Guy

Posted: Fri Jul 20, 2012 2:22 pm
by Keith B
WildBill wrote:So, at 17, you were charged as an adult? I thought there were some difference rules for crimes committed while a minor.
17 is an adult for crime.

Re: Another Eligibility Question From A New Guy

Posted: Fri Jul 20, 2012 2:23 pm
by txdude350
When arrested at 17 in the state of Texas you are considered an adult.

Re: Another Eligibility Question From A New Guy

Posted: Fri Jul 20, 2012 2:24 pm
by txdude350
Dave2 wrote:
WildBill wrote:So, at 17, you were charged as an adult? I thought there were some difference rules for crimes committed while a minor.
Maybe that's why he got charged with a misdemeanor instead of a felony?

No I plead down to a misdemeanor in return for swearing to no longer associate with this person, complete probation, etc. I went to the big boy jail at 17. Most of the guys there were also confused as to why I was not in juvenile hall.