Misdemeanor Question

[Chris K]

The wife & I are looking to re-locate soon to Texas and I was looking into several things prior.
We are planning on coming down and visiting several times checking out areas soon as well.
Had some questions regarding Misdemeanors

Currently living in NYS & I have 3 past convictions of 'A' Misdemeanors.
All over 5 years ago with not even a parking ticket since.
None Violent.
None Domestic related.
1 of which is classified as a "Serious Offense' & prohibits one from owning a firearm unless you obtain what's called a Certificate Of Relief From Civil Disabilities which allows you to own a firearm again.

Criminal Trespass - Obtained a cert of relief
DUI - obtained a cert of relief
Possession of Controlled Substance in the 7th degree (trace amounts) - in process of applying for certificate of relief

If I am reading it correctly, Texas law states after 5 years, I should be OK to apply for a CHL & fine for longuns, correct?

Apologies, but if you guys are as knowledgeable as the guys on the forums up here, you'll have the answers.

Thanks !

Chris

 

[monkeywrench7]

Sorry to hear about your luck. I definitely hope it continues from this point to stay clean, as it would appear you have turned around. If that's what Texas law does state (and it has been as you say, over 5 years), you should be fine. I'll be following, so as to be better informed.

It'd be a little easier for me to verify, if you shared the source, paragraph and line number you found this information in.


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[Eli]

You probably ought to talk to an attorney, it sounds like you might run afoul of Federal Law. Some states have 'misdemeanors' that can result in over a year of jailtime, fed.gov defines a felony as 'one year plus one day' or possible sentencing - not actual sentencing.

Eli

 

[Chris K]

You probably ought to talk to an attorney, it sounds like you might run afoul of Federal Law. Some states have 'misdemeanors' that can result in over a year of jailtime, fed.gov defines a felony as 'one year plus one day' or possible sentencing - not actual sentencing.

Eli

i thought of that.....checked the NYS Penal Law..... i should still find a 2A friendly lawyer down there to double check though...
[h=3]Class A Misdemeanors | New York Penal Law[/h]

• A Misdemeanor

"Misdemeanor" means an offense, other than a "traffic infraction, " for which a sentence to a term of imprisonment in excess of fifteen days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed.

 

[jrbfishn]

IIRC, it is considered a felony in Texas if it fits the Texas definition of one. I would have to look it up.
An attorney is always the best to ask if you are not sure.

sent from an idgit coffeeholic

 

[Chris K]

Sorry to hear about your luck. I definitely hope it continues from this point to stay clean, as it would appear you have turned around. If that's what Texas law does state (and it has been as you say, over 5 years), you should be fine. I'll be following, so as to be better informed.

It'd be a little easier for me to verify, if you shared the source, paragraph and line number you found this information in.
*****************************************************************************************************************
GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION

CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SUBCHAPTER A. GENERAL PROVISIONS AND ADMINISTRATION


Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a 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.

 

[monkeywrench7]

It looks like as long as you don't make false representation of the facts, and there've been five years between the date of conviction and application, you should be clear to apply.


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[txinvestigator]

The two drug or alcohol related offenses makes one ineligible for 10 years.

 

[Chris K]

The two drug or alcohol related offenses makes one ineligible for 10 years.

***************************************************************************************************
(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.
**************************************************************************************************************
Is this what you are referring too?
The DUI was 5 years prior to the other charge, and the other charge was 6 years ago.

I should probably speak with an attorney down there. This is pretty confusing...

 

[oohrah]

It looks like as long as you don't make false representation of the facts, and there've been five years between the date of conviction and application, you should be clear to apply.


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This. Whatever the situation, don't withhold anything or you will be denied, possibly forever.. And be prepared to provide all the paperwork. Good luck. I respect someone who recognizes their past mistakes and works to turn their life around.

 

[monkeywrench7]

Agreed, as do I.


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[monkeywrench7]

***************************************************************************************************
(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.
**************************************************************************************************************
Is this what you are referring too?
The DUI was 5 years prior to the other charge, and the other charge was 6 years ago.

I should probably speak with an attorney down there. This is pretty confusing...

Probably your best bet, or even the Tx DPS, who administers CHL, when you get here:


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[txinvestigator]

Probably your best bet, or even the Tx DPS, who administers CHL, when you get here:


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DPS will not give him a ruling prior to him applying. They will refer him to the law. He can do the math. If both convictions were since 2006 he is not eligible.

 

[monkeywrench7]

DPS will not give him a ruling prior to him applying. They will refer him to the law. He can do the math. If both convictions were since 2006 he is not eligible.

Thanks.


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[Wiliamr]

What months and years were the convictions in?

 

[Chris K]

[QUOTE2Wiliamr;1499334]What months and years were the convictions in?[/QUOTE]

I went down to the courthouse to get the disposition with the raised seal to have all the original documents for when I apply and saw the actual conviction date was 8/13/2007 , so I'm beat until 8/ 13/2017 at least, which, in reality isn't that bad because I'm not sure exactly when we are looking to make the move & you need to be there for minimum 6 months prior to applying anyway. ...
So, all is well

 

[txinvestigator]

You do not have to be here six months before applying.

 

[Chris K]

You do not have to be here six months before applying.

Sweet, thanks.
Now... just have to push the wife to commit to heading there ASAP

 

[Wildcat Diva]

You do not have to be here six months before applying.

Post number six in this thread quotes the law that seems to indicate that you do. I'm not trying to be argumentative, but want to understand. Can you or someone take a look at the law and clarify?

 

[boomgoesthedynamite]

411.173 says people in other states or people who relocate with the intention of establishing residency can get one.

Sec. 411.173. NONRESIDENT LICENSE.

(a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state. The procedure must include payment of a fee in an amount sufficient to recover the average cost to the department of obtaining a criminal history record check and investigation on a nonresident applicant.



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