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Applying for a CHL 10 years after a felony

Posted: Wed Oct 02, 2013 8:32 pm
by switch
Got a potential student that was charged w/carrying an illegal weapon on a school ground – knuckles. He thinks it was a felony but he received deferred adjudication, 11 years ago.

46.05(a)(6). defines knuckles as prohibited weapons but 46.02 says that’s a Class A misdemeanor. 46.03 says it a felony on a school ground.

GC sec 411.1711 says they can get a CHL after 10 years EXCEPT for felony offences under Title 5, Chap 29, Sect 25.07, and 30.02. Obviously, it does NOT include 46…. Et al.

I assume he can get a CHL, if there are no other disqualifying issues in his background.

I tried to inquire using the DPS contact site but they said they could not give legal advice. Do applicants have to spend $140 to be told they are not eligible?

Anyone have any experience or ideas?

Re: Applying for a CHL 10 years after a felony

Posted: Wed Oct 02, 2013 10:29 pm
by o b juan
Call the Legal Dept of Tex. CHL

Re: Applying for a CHL 10 years after a felony

Posted: Thu Oct 03, 2013 10:57 am
by Charles L. Cotton
He should be fine if, as you noted, there are no other disqualifying factors, and the deferred adjudication was successfully completed.

Chas.
switch wrote:Got a potential student that was charged w/carrying an illegal weapon on a school ground – knuckles. He thinks it was a felony but he received deferred adjudication, 11 years ago.

46.05(a)(6). defines knuckles as prohibited weapons but 46.02 says that’s a Class A misdemeanor. 46.03 says it a felony on a school ground.

GC sec 411.1711 says they can get a CHL after 10 years EXCEPT for felony offences under Title 5, Chap 29, Sect 25.07, and 30.02. Obviously, it does NOT include 46…. Et al.

I assume he can get a CHL, if there are no other disqualifying issues in his background.

I tried to inquire using the DPS contact site but they said they could not give legal advice. Do applicants have to spend $140 to be told they are not eligible?

Anyone have any experience or ideas?