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#5816397 - 07/03/15 04:37 PM Chl question
bowassin Offline
Pro Tracker

Registered: 12/30/09
Posts: 1178
Loc: white settlement
Can you obtain your chl with a 25yr old
Deffered adjudication for felony?

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#5816451 - 07/03/15 05:32 PM Re: Chl question [Re: bowassin]
Grizz Offline
THF Trophy Hunter

Registered: 02/28/08
Posts: 5848
Loc: Granbury, TX
That's one of those maybe yes, maybe no questions. You would have to either contact DPS or apply and see if you're approved. This is quoted from the DPS website under FAQ:

"The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of deferral, you may not be eligible for a CHL."
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#5821180 - 07/07/15 10:48 AM Re: Chl question [Re: bowassin]
pegasaurus Online   content
THF Celebrity

Registered: 07/19/08
Posts: 13855
Loc: South Denton County
Will probably come down to date. Unless you are on the NICS deny list.

Have you been denied when buying a gun? If not you are probably good to go.

Isn't there an eligibility questionnaire that must be completed before progressing on with the application?
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Originally Posted By: therancher
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#5888963 - 08/21/15 10:27 AM Re: Chl question [Re: bowassin]
barndoor Offline
Tracker

Registered: 11/13/08
Posts: 853
Originally Posted By: bowassin
Can you obtain your chl with a 25yr old
Deffered adjudication for felony?


Nope. Deferred adjudication is considered a conviction. With that being the case, you were convicted of a felony.


Edited by barndoor (08/21/15 10:57 AM)

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#5889029 - 08/21/15 11:03 AM Re: Chl question [Re: barndoor]
Cast Offline
THF Celebrity

Registered: 12/14/08
Posts: 14901
Loc: North Texas - God's Country
Originally Posted By: barndoor
Originally Posted By: bowassin
Can you obtain your chl with a 25yr old
Deffered adjudication for felony?


Nope. Deferred adjudication is considered a conviction. With that being the case, you were convicted of a felony.


I'm not sure that's good information...

In short, Deferred Adjudication is a type of probation. A defendant is placed on a probation for a certain period of time. If the probation is successfully completed, the case is "dismissed." A defendant will enter a guilty plea, but the judge does not find the defendant guilty and instead "defers" the finding of guilt. Pleading guilty for Deferred Adjudication is not considered a conviction under Texas law. A criminal background check will show the arrest for the charge, will show the Deferred Adjudication, but it will not show a conviction.

LINK
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Cast



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#5889257 - 08/21/15 01:09 PM Re: Chl question [Re: Cast]
Sniper John Online   happy

gumshoe

Registered: 08/31/05
Posts: 16317
Loc: North Texas
Cast, your both correct, but for the purposes of a CHL it is considered the same as a conviction.

http://www.txdps.state.tx.us/RSD/CHL/faqs/


14. If I was convicted of Driving While Intoxicated (DWI) two years ago, am I eligible for a Concealed Handgun License (CHL)?
DWI is classified as at least a Class B misdemeanor, and you are ineligible for a license for five years after a conviction for a Class A or Class B misdemeanor. For the purpose of determining eligibility, a conviction includes those that were dismissed after you completed probation or deferred adjudication.


15. If I received deferred adjudication for an offense, am I eligible for a Concealed Handgun License (CHL)?
The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of deferral, you may not be eligible for a CHL.



16. If I was arrested for a crime but the charges were dismissed, am I eligible for a Concealed Handgun License (CHL)?
If charges were dismissed without prosecution, then they are not disqualifying.
_________________________

"Onward up many a frightening creek, though your arms may get sore and your sneakers may leak. Oh! The places you'll go!" ~ Dr. Seuss

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#5889323 - 08/21/15 01:41 PM Re: Chl question [Re: bowassin]
skinnerback Offline
THF Celebrity

Registered: 05/30/11
Posts: 10697
Loc: Rockport, Tx.
"Depending on the type of offense"...
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#5889388 - 08/21/15 02:14 PM Re: Chl question [Re: bowassin]
Sniper John Online   happy

gumshoe

Registered: 08/31/05
Posts: 16317
Loc: North Texas
Not certain if this is the most current, but here is the more detailed answer.


http://www.txdps.state.tx.us/InternetForms/Forms/CHL-16.pdf


GC §411.171. DEFINITIONS. In this subchapter:
(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(1), eff. June 14,
2013.
(2) “Chemically dependent person” means a person who frequently or
repeatedly becomes intoxicated by excessive indulgence in alcohol or uses
controlled substances or dangerous drugs so as to acquire a fixed habit and an
involuntary tendency to become intoxicated or use those substances as often
as the opportunity is presented.
(3) “Concealed handgun” means a handgun, the presence of which is not
openly discernible to the ordinary observation of a reasonable person.
(4) “Convicted” means an adjudication of guilt or, except as provided in
Section 411.1711, an order of deferred adjudication entered against a
person by a court of competent jurisdiction whether or not the imposition of
the sentence is subsequently probated and the person is discharged from
community supervision. The term does not include an adjudication of guilt or
an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed
under any state or federal law.
(4-a) “Federal judge” means:
(A) a judge of a United States court of appeals;
(B) a judge of a United States district court;
(C) a judge of a United States bankruptcy court; or
(D) a magistrate judge of a United States district court.
(4-b) “State judge” means:
TEXAS CONCEALED HANDGUN LAWS
4
TEXAS CONCEALED HANDGUN LAWS
5
(A) the judge of an appellate court, a district court, or a county court at law
of this state;
(B) an associate judge appointed under Chapter 201, Family Code; or
(C) a justice of the peace.
(5) “Handgun” has the meaning assigned by Section 46.01, Penal Code.
(6) “Intoxicated” has the meaning assigned by Section 49.01, Penal Code.
(7) “Qualified handgun instructor” means a person who is certified to instruct in
the use of handguns by the department.
(8) Repealed by Acts 1999, 76th Leg., ch. 62, Sec. 9.02(a), eff. Sept. 1, 1999.
---
Last amended by Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 14(1), eff. June
14, 2013.
GC § 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is
not convicted, as that term is defined by Section 411.171, if an order of deferred
adjudication was entered against the person on a date not less than 10 years
preceding the date of the person’s application for a license under this subchapter
unless the order of deferred adjudication was entered against the person for:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07 or 25.072, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable under
Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains elements
that are substantially similar to the elements of an offense listed in Subdivision
(1). ---
Last amended by Acts 2013, 83rd Leg., R.S., Ch. 96 (S.B. 743), Sec. 7, eff. September 1,
2013.
GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a
concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date
of application under this subchapter or is otherwise eligible for a license under
Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(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;
(5) is not a fugitive from justice for a felony or a Class A or Class B
misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the proper
use and storage of a handgun;
(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;
(9) is fully qualified under applicable federal and state law to purchase a
handgun;
(10) has not been finally determined to be delinquent in making a child support
payment administered or collected by the attorney general;
(11) has not been finally determined to be delinquent in the payment of a
tax or other money collected by the comptroller, the tax collector of a political
subdivision of the state, or any agency or subdivision of the state;
(12) is not currently restricted under a court protective order or subject to a
restraining order affecting the spousal relationship, other than a restraining
order solely affecting property interests;
(13) has not, in the 10 years preceding the date of application, been
adjudicated as having engaged in delinquent conduct violating a penal law of
the grade of felony; and
(14) has not made any material misrepresentation, or failed to disclose any
material fact, in an application submitted pursuant to Section 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
(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.
(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at
the time of a person’s application for a license to carry a concealed handgun, the
offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this
state as a felony.
(c) An individual who has been convicted two times within the 10-year period
preceding the date on which the person applies for a license of an offense of
the grade of Class B misdemeanor or greater that involves the use of alcohol
or a controlled substance as a statutory element of the offense is a chemically
dependent person for purposes of this section and is not qualified to receive
a license under this subchapter. This subsection does not preclude the
disqualification of an individual for being a chemically dependent person if other
evidence exists to show that the person is a chemically dependent person.
(d) For purposes of Subsection (a)(7), a person is incapable of exercising sound
judgment with respect to the proper use and storage of a handgun if the person:
(1) has been diagnosed by a licensed physician as suffering from a psychiatric
disorder or condition that causes or is likely to cause substantial impairment in
judgment, mood, perception, impulse control, or intellectual ability;
(2) suffers from a psychiatric disorder or condition described by Subdivision
(1) that:
(A) is in remission but is reasonably likely to redevelop at a future time; or
(B) requires continuous medical treatment to avoid redevelopment;
(3) has been diagnosed by a licensed physician, determined by a review
board or similar authority, or declared by a court to be incompetent to manage
the person’s own affairs; or
TEXAS CONCEALED HANDGUN LAWS
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7
TEXAS CONCEALED HANDGUN LAWS
(4) has entered in a criminal proceeding a plea of not guilty by reason of
insanity.
(e) The following constitutes evidence that a person has a psychiatric disorder or
condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization;
(2) psychiatric hospitalization;
(3) inpatient or residential substance abuse treatment in the preceding fiveyear
period;
(4) diagnosis in the preceding five-year period by a licensed physician that
the person is dependent on alcohol, a controlled substance, or a similar
substance; or
(5) diagnosis at any time by a licensed physician that the person suffers or
has suffered from a psychiatric disorder or condition consisting of or relating to:
(A) schizophrenia or delusional disorder;
(B) bipolar disorder;
(C) chronic dementia, whether caused by illness, brain defect, or brain
injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder; or
(F) antisocial personality disorder.
(f) Notwithstanding Subsection (d), a person who has previously been diagnosed
as suffering from a psychiatric disorder or condition described by Subsection (d)
or listed in Subsection (e) is not because of that disorder or condition incapable
of exercising sound judgment with respect to the proper use and storage of a
handgun if the person provides the department with a certificate from a licensed
physician whose primary practice is in the field of psychiatry stating that the
psychiatric disorder or condition is in remission and is not reasonably likely to
develop at a future time.
(g) Notwithstanding Subsection (a)(2), a person who is at least 18 years of age
but not yet 21 years of age is eligible for a license to carry a concealed handgun
if the person:
(1) is a member or veteran of the United States armed forces, including a
member or veteran of the reserves or national guard;
(2) was discharged under honorable conditions, if discharged from the United
States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a) except for the
minimum age required by federal law to purchase a handgun.
(h) The issuance of a license to carry a concealed handgun to a person eligible
under Subsection (g) does not affect the person’s ability to purchase a handgun
or ammunition under federal law.
---
Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.03, eff.
September 1, 2009.
_________________________

"Onward up many a frightening creek, though your arms may get sore and your sneakers may leak. Oh! The places you'll go!" ~ Dr. Seuss

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#5889433 - 08/21/15 02:44 PM Re: Chl question [Re: bowassin]
Cast Offline
THF Celebrity

Registered: 12/14/08
Posts: 14901
Loc: North Texas - God's Country
NO CHL FOR YOU!

sorry bud
_________________________
Cast



I have a short attention spa

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#5889843 - 08/21/15 07:07 PM Re: Chl question [Re: barndoor]
barndoor Offline
Tracker

Registered: 11/13/08
Posts: 853
Originally Posted By: cast


I'm not sure that's good information...





How funny. roflmao roflmao roflmao You googled "deferred adjudication" and then try to challenge me on it. I have been a Police Officer for 5 years, I think I know by now how the State of Texas treats deferred adjudication. The following information come straight from the DPS website.


"The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of deferral, you may not be eligible for a CHL." [/quote]


Edited by barndoor (08/21/15 07:07 PM)

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#5890494 - 08/22/15 10:08 AM Re: Chl question [Re: bowassin]
Cast Offline
THF Celebrity

Registered: 12/14/08
Posts: 14901
Loc: North Texas - God's Country
Sorry man, not personal. I've used it in traffic court and it goes away if I do my probation well. I only examined one side of the story. Your side fleshed it out.

Are you always this aggressive officer?
_________________________
Cast



I have a short attention spa

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