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AR15.COM
3/1/2010 7:19:18 PM EDT
Is there anyway to check to see if you are eligible to get your chl before you spend the money for the application? I sent them an email and they responded with a with a question. I saw some form that you can fill out and mail in or something, but I cant find it. Someone please help me out.
3/1/2010 7:23:57 PM EDT
[#1]
Texas CHL Eligibility   PDF   Print   E-mail
To be eligible for a Texas Concealed Handgun License, you:

   * Must be a legal resident of Texas, or apply for a non-resident license
   * Must be at least 21, unless active duty or honorable discharged from the military, then at least 18
   * Must not ever have been convicted of a FELONY
   * Must not be currently charged with a Class A or Class B MISDEMEANOR or FELONY
   * Must not be chemically dependant, including alcohol
   * Must be capable of exercising sound judgment
   * Must not have been convicted of a Class A or Class B misdemeanor, or a disorderly conduct in the past 5 years
   * Must be fully qualified under federal and state laws to purchase a handgun
   * Must not be delinquent in any payments to the state of Texas, including child support and property taxes
   * Must not be restricted by a protective or restraining order involving a person
   * Must not have been prosecuted for a felony grade juvenile delinquent conduct in the previous 10 years

If you have questions about your eligibility status, contact the DPS helpline at 1-800-224-5744 or email: [email protected] This e-mail address is being protected from spambots. You need JavaScript enabled to view it
3/2/2010 4:55:19 AM EDT
[#2]
Quoted:
Is there anyway to check to see if you are eligible to get your chl before you spend the money for the application? I sent them an email and they responded with a with a question. I saw some form that you can fill out and mail in or something, but I cant find it. Someone please help me out.


The post above is pretty complete.  There are a few other things.  Is there something specific you are concerned about? Send a PM if you don't want it to be public.
3/2/2010 4:55:28 AM EDT
[#3]
DANG
3/2/2010 6:52:10 AM EDT
[#4]
be honest.  chl folks can look into juvenile records even if they've been "sealed".  like others have said, if you're not sure about something contact the nice folks in austin.
3/2/2010 10:03:42 AM EDT
[#5]
Just call the number listed above and talk to them.    Questions like your's are the only reason why they are there.     So call them and they will give you the correct answer.
3/2/2010 3:59:31 PM EDT
[#6]
Thanks alot guys.
3/3/2010 9:36:24 AM EDT
[#7]
Delta,

That list isn't complete there are other restrictions, arrests without convictions can stop someone, the legislature decided things they wanted to be convictions count to stop folks who pass everything you have listed.
3/3/2010 9:47:25 AM EDT
[#8]
Quoted:
Delta,

That list isn't complete there are other restrictions, arrests without convictions can stop someone,
No, arrests without convictions will not "stop someone" unless the charges are still pending, and are for Class Bs or higher or disorderly conduct.


the legislature decided things they wanted to be convictions count to stop folks who pass everything you have listed.
 What does that mean?

3/3/2010 10:19:10 AM EDT
[#9]
What that means is folks with 30 year old deferred stuff can't get a chl because the legislature decided that was a conviction when the state and the feds say it's not.

You can guy weapons, hold an FFL buy NFA stuff but you can't get a chl because they consider you convicted if you took the deferred and didn't fight for a not guilty way back when.
3/3/2010 12:19:45 PM EDT
[#10]
Quoted:
What that means is folks with 30 year old deferred stuff can't get a chl because the legislature decided that was a conviction when the state and the feds say it's not.

You can guy weapons, hold an FFL buy NFA stuff but you can't get a chl because they consider you convicted if you took the deferred and didn't fight for a not guilty way back when.


That is not necessarily true either.  Deferred that were misdemeanors are only a 5 year prohibitors, and after 10 years only certain felony deferreds are prohibitions;

Texas Government Code

Sec. 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 an offense under Title 5, Penal Code, or Chapter 29, Penal Code.


So if the deferred was over ten years ago and not for Offenses Against the Person, or of Robbery, then you ARE eligible for a CHL.

TITLE 5. OFFENSES AGAINST THE PERSON


CHAPTER 19. CRIMINAL HOMICIDE                  


CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT                  


      CHAPTER 20A. TRAFFICKING OF PERSONS                  


      CHAPTER 21. SEXUAL OFFENSES                  


      CHAPTER 22. ASSAULTIVE OFFENSES                



PS; The Legislature IS "the state".  


3/3/2010 12:40:38 PM EDT
[#11]
Yes I was referring to the ones you listed against a person, folks took the deferred rather than fighting it for one reason because they were told, if you complete it sucessfully then you have no conviction on your record and as far as buying a weapon or holding an FFL or NFA stuff this is true.

But the legislature decided it IS a conviction for their purpose, even though there was no CHL way back then to even think about.

My point is either it IS a conviction or it isn't and for a CHL ONLY it is for everything else in life with the STATE and FEDS it's not.
3/3/2010 2:04:10 PM EDT
[#12]
Quoted:
Yes I was referring to the ones you listed against a person, folks took the deferred rather than fighting it for one reason because they were told, if you complete it sucessfully then you have no conviction on your record and as far as buying a weapon or holding an FFL or NFA stuff this is true.

But the legislature decided it IS a conviction for their purpose, even though there was no CHL way back then to even think about.

My point is either it IS a conviction or it isn't and for a CHL ONLY it is for everything else in life with the STATE and FEDS it's not.


Other licenses are affected by deferreds also.  Many people are told that the deferred will not show up on a criminal records search, which is also not true.
3/3/2010 7:46:26 PM EDT
[#13]
and once you get deferred you really can't appeal since there is no conviction. You get to explain to employers and landlords etc how you have a criminal record on their report but don't really have one. the Mrs. went through this  after defending herself from a family member but chose to go along with the charge since counsel and judge stated that it would "disappear"
3/4/2010 7:13:27 AM EDT
[#14]
Well that's even more than I knew about it, I also didn't know they showed up on a criminal background check, so either the Lawyers and Judges mislead these folks or things have changed.

I thought they only showed up as an arrest for law enforcement and CHLs so what other kinds of things do they effect?
3/4/2010 7:57:47 AM EDT
[#15]
Quoted:
Well that's even more than I knew about it, I also didn't know they showed up on a criminal background check, so either the Lawyers and Judges mislead these folks or things have changed.

I thought they only showed up as an arrest for law enforcement and CHLs so what other kinds of things do they effect?


Since I am in the business, I know specifically about Private Security.  Deferreds are convictions for Guards, Private Investigators, Guard Dog Trainers and Handlers, Alarm System Installers, salespeople and monitoring people, etc.  

I believe they are convictions for those seeking licenses under the Texas Department of Licensing and Regulation, and other careers.

I can pull up criminal records thru publicly available databases like public data dot com and see what the arrest was for, how long the probation was, and what the final judgment was .