TexasCHLforum.com

I was convicted of second degree misdemeanor Burglary of a commercial structure in California in 2002. My probation was completed in 2005. Would this charge and conviction disqualify me from holding a concealed handgun license? I was charged after being involved in what was a petty theft the burglery was added because I intended commit a crime when I entered the building.

http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf" onclick="window.open(this.href);return false;

Here you go


Specificaly 411.172, but now it's easy for you to study up on all of the CHL laws.

My confusion lies in weather or not my offense constitutes a felony under the laws of this state.
In California it was punishable by up to one year in county jail and a thousand dollar fine.


411.174.
(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary; and

sounds like a class B misdemeanor to me, burglary of a commercial structure. it was probalby prosocuted as a misdemeanor since they only told you that it was punishable by a year in county jail, get a certified copy of the final disposition from the court clerk

In Texas, burglary is a felony. The elements of burglary for Texas are entering a property without the effective consent of the owner and with the intent to commit a theft, a felony, or an assault. It is a state jail felony if the building is not a habitation and a second degree felony if it is.

Without knowing California law, I think the critical part for the comparison would be the entry into the building. If you had permission to enter (such as a store that is open) then it is not burglary. If you had to break in, then it would be a burglary.

I think your best bet would be to call DPS and ask them how they would translate it. You might ask if they will accept that it was a misdemeanor in California or truly compare the offenses.

Thank you Steve. It was a grocery store. Open to the public. I will contact DPS.