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In March 2015 just before my 21st birthday I was a bit of an idiot on spring break and got an MIP in Florida. It's considered a second degree misdemeanor there, and the same offense would be a Class C here in Texas. Does anyone know how this would affect an application for a LTC in Texas now?

ljm94 wrote:In March 2015 just before my 21st birthday I was a bit of an idiot on spring break and got an MIP in Florida. It's considered a second degree misdemeanor there, and the same offense would be a Class C here in Texas. Does anyone know how this would affect an application for a LTC in Texas now?

I was somewhat of a heathen growing up, and fortunately only wound up with consumption of alcohol tickets before turning 21. I didn't have a single problem getting mine in 2015, and I'm sure you will be fine as well. The only issue will be with the fact that it was out of state, but I don't think it will be an issue.

A Class C misdemeanor would not be a problem in Texas.

However, you will want to gather your disposition paperwork to submit with your application.

I believe, but I am not 100% positive, that for out of state offenses, DPS uses the Texas classification for the offense as it was at the time it occurred. You should be okay, I think.

I would suggest calling DPS and asking for how they classify out of state offenses before applying.

If any out of state misdemeanor has any amount of jail time as a "possible" punishment, it's considered a class A misd. I'm almost certain you will be denied. It doesn't matter if you served any jail time or not. It's based on if the charge has a possibility of jail time as a punishment.

infoman wrote:If any out of state misdemeanor has any amount of jail time as a "possible" punishment, it's considered a class A misd. I'm almost certain you will be denied. It doesn't matter if you served any jail time or not. It's based on if the charge has a possibility of jail time as a punishment.

"Any" jail time? I don't think that is accurate. It would be a class a if it were a year in jail. Much different than "any" jail time.

Any out of state misdemeanor is considered a class A misdemeanor (for LTC purposes) if confinement in a jail is affixed as a possible punishment. I promise I'm right about this. 100%.

infoman wrote:Any out of state misdemeanor is considered a class A misdemeanor (for LTC purposes) if confinement in a jail is affixed as a possible punishment. I promise I'm right about this. 100%.

http://www.texaschlforum.com/viewtopic. ... 38#p473741

Flightmare wrote:

infoman wrote:Any out of state misdemeanor is considered a class A misdemeanor (for LTC purposes) if confinement in a jail is affixed as a possible punishment. I promise I'm right about this. 100%.

http://www.texaschlforum.com/viewtopic. ... 38#p473741

The linked topic is not relevant. It is referring to permanent disqualifiers. Misdemeanors are usually only a 5 year limitation.

As for the MIP in Florida, for a first offense it is a Second Class misdemeanor, which even though it carries a possible 60 days in jail, it's the lowest level they have.

I would check with DPS. Many times they will take the charge and look at the comparable charge in Texas and rate it on that level. In that case it would be a Class C and not disqualify you.

You will be denied. There's a clause in the statute dealing with out of state misdemeanors stating if any possible jail time is affixed to the charge, DPS will consider it a class A misdemeanor. (regardless of what level misdemeanor it's classified as in Florida or any other state outside of Texas). I have an excellent inside source, & double checked today.

see the last sentence on this section.

GC §411.172. ELIGIBILITY. (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 (2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.

infoman wrote:You will be denied. There's a clause in the statute dealing with out of state misdemeanors stating if any possible jail time is affixed to the charge, DPS will consider it a class A misdemeanor. (regardless of what level misdemeanor it's classified as in Florida or any other state outside of Texas). I have an excellent inside source, & double checked today.

Please post link to relevant statue.

bblhd672 wrote:

infoman wrote:You will be denied. There's a clause in the statute dealing with out of state misdemeanors stating if any possible jail time is affixed to the charge, DPS will consider it a class A misdemeanor. (regardless of what level misdemeanor it's classified as in Florida or any other state outside of Texas). I have an excellent inside source, & double checked today.

Please post link to relevant statue.

GC §411.172. (b).(2)

It's right there in the CHL-16.

infoman wrote:see the last sentence on this section.

GC §411.172. ELIGIBILITY. (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 (2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.

So with this, it will disqualify you for 5 years from the date of disposition, which should be on or after March 2020.

Ironically, I think he's eligible for a Florida CWP and he can use that to carry in Texas.

http://www.freshfromflorida.com/Divisio ... on-License