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What was your disposition of your conviction? You received a renewal letter AFTER your license expired??? Sorry but that don't make sense.D254 wrote:In 2009 I was convicted of a class b poss Marijuana. At the time I had a valid Chl. I was never told to turn over my lic. And even received a renewel paper after it expired. Now that the 5 years has passed can I reapply ?
First, it is clear that you were subject to revocation:D254 wrote:In 2009 I was convicted of a class b poss Marijuana. ... Now that the 5 years has passed can I reapply ?
Since conviction of Class B misdemeanor falls under Sec. 411.172:Sec. 411.186. REVOCATION. (a) The department shall revoke a license under this section if the license holder:
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(3) subsequently becomes ineligible for a license under Section 411.172, ....
You are very lucky that the license was not revoked. If it had been formally revoked, you would have had to wait an additional 2 years -- 7 years total -- instead of just 5 years.Sec. 411.172. ELIGIBILITY.
(a) A person is eligible for a license to carry a concealed handgun if the person:
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(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;
From your description, it appears your license was not formally revoked. A peace officer is supposed to prepare an affidavit documenting the reasons for revocation and that apparently did not happen.Sec. 411.186. REVOCATION.(c) A license holder whose license is revoked for a reason listed in Subsections (a)(1)-(5) may reapply as a new applicant for the issuance of a license under this subchapter after the second anniversary of the date of the revocation if the cause for revocation does not exist on the date of the second anniversary. If the cause for revocation exists on the date of the second anniversary after the date of revocation, the license holder may not apply for a new license until the cause for revocation no longer exists and has not existed for a period of two years.
Surrendering your CHL rather than having it revoked avoids the additional two years, as Jumping Frong indicated. Since yous expired without being revoked, then you should be fine. You have already applied for a new license and the "conviction" is over five years old, so that should not be a problem. Did you report the arrest/conviction? If not, that could be a problem. Did you provide disposition documents to DPS? If not, get them now because they are going to ask.D254 wrote:My Chl expired in 2011 so is there a need still surrender? Also I may have jumped gun did class and online packet turned in in 21st last month hope I'm good
Guy I know was jammed up on two felonies for distribution of (crack) cocaine >2oz and aggravated assault (for stomping a rival dealer). He kept his CHL because the convictions were out of state and I guess Texas didn't see them. He wanted to renew, but CHL expired while he was still in prison. Maybe he can reapply when he gets out.GlockDude26 wrote:another side effect of the "war on drugs"....
If everything you wrote is true, your friend should never be allowed a CHL (or probably a gun period) again. Sorry to be harsh, but people who do such things simply should not enjoy certain rights and privileges.ScottDLS wrote:Guy I know was jammed up on two felonies for distribution of (crack) cocaine >2oz and aggravated assault (for stomping a rival dealer). He kept his CHL because the convictions were out of state and I guess Texas didn't see them. He wanted to renew, but CHL expired while he was still in prison. Maybe he can reapply when he gets out.GlockDude26 wrote:another side effect of the "war on drugs"....
Just another casualty of the war on drugs, man...A-R wrote:If everything you wrote is true, your friend should never be allowed a CHL (or probably a gun period) again. Sorry to be harsh, but people who do such things simply should not enjoy certain rights and privileges.ScottDLS wrote:Guy I know was jammed up on two felonies for distribution of (crack) cocaine >2oz and aggravated assault (for stomping a rival dealer). He kept his CHL because the convictions were out of state and I guess Texas didn't see them. He wanted to renew, but CHL expired while he was still in prison. Maybe he can reapply when he gets out.GlockDude26 wrote:another side effect of the "war on drugs"....
I sincerely hope you're joking.ScottDLS wrote:Just another casualty of the war on drugs, man...A-R wrote:If everything you wrote is true, your friend should never be allowed a CHL (or probably a gun period) again. Sorry to be harsh, but people who do such things simply should not enjoy certain rights and privileges.ScottDLS wrote:Guy I know was jammed up on two felonies for distribution of (crack) cocaine >2oz and aggravated assault (for stomping a rival dealer). He kept his CHL because the convictions were out of state and I guess Texas didn't see them. He wanted to renew, but CHL expired while he was still in prison. Maybe he can reapply when he gets out.GlockDude26 wrote:another side effect of the "war on drugs"....
A-R wrote:I sincerely hope you're joking.ScottDLS wrote:Just another casualty of the war on drugs, man...A-R wrote:If everything you wrote is true, your friend should never be allowed a CHL (or probably a gun period) again. Sorry to be harsh, but people who do such things simply should not enjoy certain rights and privileges.ScottDLS wrote:Guy I know was jammed up on two felonies for distribution of (crack) cocaine >2oz and aggravated assault (for stomping a rival dealer). He kept his CHL because the convictions were out of state and I guess Texas didn't see them. He wanted to renew, but CHL expired while he was still in prison. Maybe he can reapply when he gets out.GlockDude26 wrote:another side effect of the "war on drugs"....
