Can I get a CHL
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Can I get a CHL
In 1994 I was arrested and charged with a Class C Misdemeanor UCW. It was for a knife. I received deferred adjudication and that was the end of it. Now I'd like to get my CHL but not sure if that will stop it. Anyone know? Ive been reading the eligibility list and didnt see a Class C Misdemeanor being restricted. And its been 18 years ago. Would love to hear feedback.
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Re: Can I get a CHL
Hopefully others will chime in, but from what i understand, the only Class C misdemeanor that would prevent you from getting a CHL within a certain time period is domestic violence.
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Re: Can I get a CHL
The only Class C that will disqualify you is Disorderly Conduct, but I don't see anywhere the UCW qualifies as a Class C misdemeanor.
Last edited by KC5AV on Tue Sep 25, 2012 1:51 pm, edited 1 time in total.
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Re: Can I get a CHL
I do know for a fact that it was a UCW Class C Misdemeanor. It was for a knife I purchased at a $1 Store. But because it was double edged it was considered illegal. Being a country boy at the time I had just move here to Fort Worth with my dad. I was 19 when I was arrested. The section that I am questioning in the eligibility is the "or of an offense under Section 42.01, Penal Code, or equivalent offense"
(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;
(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;
Re: Can I get a CHL
The issue here is were you charged under Section 42.01 (Disorderly Conduct) of the penal code? Or were you charged under TPC 46.02 (UCW)? If UCW for sure, then you should be OK.DeDONRAGE wrote:I do know for a fact that it was a UCW Class C Misdemeanor. It was for a knife I purchased at a $1 Store. But because it was double edged it was considered illegal. Being a country boy at the time I had just move here to Fort Worth with my dad. I was 19 when I was arrested. The section that I am questioning in the eligibility is the "or of an offense under Section 42.01, Penal Code, or equivalent offense"
(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;
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Re: Can I get a CHL
Sounds like I'm good then. It was not a Disorderly Conduct. Thx for the help guys. I already took the class. I had to look up dates. Luckily I have a friend with access to that. So I will fill out paperwork and send it in.
Thanks Again.
Thanks Again.
Re: Can I get a CHL
I wold suggest that you go to the county clerk in the county where you were charged, get a certified copy of the case and disposition, then send it with your application material, as far as I know any UCW is a class A misdemeanor, no class C anywhere in the law that I can find as far as UCW. they may have charged you with something else so get that copy!
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Re: Can I get a CHL
If it was UCW, then it had to be TPC §46.02. However, even if it was a Chp. 42 Disorderly Conduct charge, that only disqualifies one for 5 years. Either way, you're fine.
Chas.
Chas.
Re: Can I get a CHL
Ok I stand corrected. After doing a background check I was charged with Class A. Heck I was a stupid kid lol. Anyway called DPS they said the same thing. 5 years from the date of the disposition. So looks like I need to make a trip to the Tarrant County Court House for documentation. Anyone know how much that will cost?
Re: Can I get a CHL
I think I only had to pay a dollar or so for Harris County to certify the records; looks like Tarrant County might help you out for 5 to 10 bucksDeDONRAGE wrote:Ok I stand corrected. After doing a background check I was charged with Class A. Heck I was a stupid kid lol. Anyway called DPS they said the same thing. 5 years from the date of the disposition. So looks like I need to make a trip to the Tarrant County Court House for documentation. Anyone know how much that will cost?
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My thing was so old, over 40 years ago, no record was found, (charges were dropped on "possible arrest" ucw- walking down street as a teen with bb gun which looked like a firearm to an officer who wanted to scare some kids- We were taken to station; released to parents)
So I got a "Statement/certificate of no record found" certified by the clerk for a dollar.
Last edited by RPB on Fri Sep 28, 2012 5:18 pm, edited 1 time in total.
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Re: Can I get a CHL
Cool thx for the info. I know what I will be doing Monday.
Re: Can I get a CHL
Excellent news, either way. Congrats, and (a bit of a belated) welcome to the forum.
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