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  • kimberten2

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    Hey guys, i'm new here, living in San Angelo, Tx (a village), bought a new kimber bp. Anyways, I was reading the requirements for a chl license, and was reading over the part where it said no class A or class B misdemeanors. I have a class B i believe, for driving while license is suspended, it got dismissed but it says that doesn't matter. Anyways the question is after reading further down, it looks to me as if they mean only alcohol or drug related misdemeanors

    ( If you have been convicted of two or more alcohol or drug-related

    misdemeanor offenses within the last 10 years, you may not be

    eligible.)

    Or is it ALL class A or B's?

    Thanks guys
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    CALI

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    I didn't want to dig in the Texas laws and requirements for CHL. But your best bet is calling a local Instructor that teaches/offers class for CHL. Normally they can tell you right away or even give you suggestions.

    Good luck.
     

    txinvestigator

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    The CHL laws only make you ineligible if you are CONVICTED. Deferred adjudication is a conviction for CHL purposes.

    A person is ineligible for a CHL for 5 years after conviction for Class A and B misdemeanors.

    Texas Government Code

    Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:


    (8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;


    If you were convicted of two or more drug or alcohol related offenses in the last ten years, the CHL laws consider you chemically dependant, which makes you ineligible.
     

    kimberten2

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    Thanks for the replies guys, i'm just going to call an instructor for a clear answer, I really hope it's not ALL class b misdemeanors, because not getting approved for a chl because I was driving to work while my license was suspended, is just ridiculous.
     

    txinvestigator

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    Thanks for the replies guys, i'm just going to call an instructor for a clear answer, I really hope it's not ALL class b misdemeanors, because not getting approved for a chl because I was driving to work while my license was suspended, is just ridiculous.

    I AM an instructor, did you read what I posted? If your class B was dismissed, then you were not convicted. Therefore you are eligible. If you WERE convicted, then you have to wait five years from date of conviction. :banghead:

    (it is ALL class B misdemeanors)


    Can you tell me exactly how the charge was dismissed?
     

    kimberten2

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    I AM an instructor, did you read what I posted? If your class B was dismissed, then you were not convicted. Therefore you are eligible. If you WERE convicted, then you have to wait five years from date of conviction. :banghead:

    (it is ALL class B misdemeanors)


    Can you tell me exactly how the charge was dismissed?

    Yeah, I went to the county court, it was an old 2006 case, walked into the county prosecutors office, and he looked at my file, and said wow almost a 4 yr old case, stated he would be right back, then about 5 mins later came back and said he spoke to the judge and it's dismissed.
     

    Starker

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    Thanks for the replies guys, i'm just going to call an instructor for a clear answer, I really hope it's not ALL class b misdemeanors, because not getting approved for a chl because I was driving to work while my license was suspended, is just ridiculous.

    I would just listen to txinvestigator. He knows all of this stuff backwards and forwards!
     

    southtexaspilot

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    The rules are the rules.

    Thanks for the replies guys, i'm just going to call an instructor for a clear answer, I really hope it's not ALL class b misdemeanors, because not getting approved for a chl because I was driving to work while my license was suspended, is just ridiculous.

    Don't want to preach here, but no it's not ridiculous. You did something to get your license suspended. You then drove a vehicle after the fact anyway and managed to do something again to get pulled over and ticketed for a class B. Then you admit to failing to take care of the new offense until just recently. I am to assume then that you have been operating a motor vehicle still without a license until the charges were dropped (DPS FTA program). You seem to have either extreme ignorance or blatant disregard for the laws we all abide by. I'm not quite sure I feel comfortable with the idea of guys with your judgment packing in the streets of Texas. By the way, first time poster on here. Nice to meet all of you.

    W
     

    kimberten2

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    Don't want to preach here, but no it's not ridiculous. You did something to get your license suspended. You then drove a vehicle after the fact anyway and managed to do something again to get pulled over and ticketed for a class B. Then you admit to failing to take care of the new offense until just recently. I am to assume then that you have been operating a motor vehicle still without a license until the charges were dropped (DPS FTA program). You seem to have either extreme ignorance or blatant disregard for the laws we all abide by. I'm not quite sure I feel comfortable with the idea of guys with your judgment packing in the streets of Texas. By the way, first time poster on here. Nice to meet all of you.

    W

    Actually, it IS ridiculous, my license was suspended for a non-paid surcharge, missed one payment. I'm sure you've also sped, so that doesn't make me a criminal. I didn't do something again to get pulled over, he pulled me over for a brake light that was out. Ran my license, and asked me if I knew it was suspended, I said no, because I didn't. Moved to san angelo, so mailing address was different, license address changed to the address I moved to, and I NEVER received anything in the mail stating that it was suspended. So then i called the dps, and paid the remaining amount on the other surcharge that I thought WAS paid, as it was a on my credit card. So, I didn't disregard the law, paid the surcharge after I found out I had the last payment still. Then I received another surcharge notice in the mail, for the new citation. So, I thought that mess was over, but it appeared that 3 years later, I receive a summon to go to court, I went, the county prosecutor checked my record and noticed it was CLEAN other than those traffic violations, so ease up on saying i'm ignorant, or I don't care about the law.
    :confused: If I made bad judgment then I wouldn't have went to court and/or not paid the old, and the newly accrued surcharges
     

    txinvestigator

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    Yeah, I went to the county court, it was an old 2006 case, walked into the county prosecutors office, and he looked at my file, and said wow almost a 4 yr old case, stated he would be right back, then about 5 mins later came back and said he spoke to the judge and it's dismissed.

    If that is accurate, then you should be good to go. If you were arrested, be sure and list it on your application, just show the disposition as dismissed.
     

    txinvestigator

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    Actually, it IS ridiculous, my license was suspended for a non-paid surcharge, missed one payment. I'm sure you've also sped, so that doesn't make me a criminal. I didn't do something again to get pulled over, he pulled me over for a brake light that was out. Ran my license, and asked me if I knew it was suspended, I said no, because I didn't. Moved to san angelo, so mailing address was different, license address changed to the address I moved to, and I NEVER received anything in the mail stating that it was suspended. So then i called the dps, and paid the remaining amount on the other surcharge that I thought WAS paid, as it was a on my credit card. So, I didn't disregard the law, paid the surcharge after I found out I had the last payment still. Then I received another surcharge notice in the mail, for the new citation. So, I thought that mess was over, but it appeared that 3 years later, I receive a summon to go to court, I went, the county prosecutor checked my record and noticed it was CLEAN other than those traffic violations, so ease up on saying i'm ignorant, or I don't care about the law.
    :confused: If I made bad judgment then I wouldn't have went to court and/or not paid the old, and the newly accrued surcharges

    Which is why the case was dismissed. Had you been guilty and been convicted, then it would NOT be ridiculous to affect your CHL status.
     

    southtexaspilot

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    Actually, it IS ridiculous, my license was suspended for a non-paid surcharge, missed one payment. I'm sure you've also sped, so that doesn't make me a criminal. I didn't do something again to get pulled over, he pulled me over for a brake light that was out. Ran my license, and asked me if I knew it was suspended, I said no, because I didn't. Moved to san angelo, so mailing address was different, license address changed to the address I moved to, and I NEVER received anything in the mail stating that it was suspended. So then i called the dps, and paid the remaining amount on the other surcharge that I thought WAS paid, as it was a on my credit card. So, I didn't disregard the law, paid the surcharge after I found out I had the last payment still. Then I received another surcharge notice in the mail, for the new citation. So, I thought that mess was over, but it appeared that 3 years later, I receive a summon to go to court, I went, the county prosecutor checked my record and noticed it was CLEAN other than those traffic violations, so ease up on saying i'm ignorant, or I don't care about the law.
    :confused: If I made bad judgment then I wouldn't have went to court and/or not paid the old, and the newly accrued surcharges

    I apologize for the remarks then. No I do not speed. I wish the cops here in San Antonio had the time to pull people over for brake lights.
     

    kimberten2

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    Which is why the case was dismissed. Had you been guilty and been convicted, then it would NOT be ridiculous to affect your CHL status.

    Wow, I feel like i'm a terrorist or something, sorry that my opinion differs than alot of peoples, but that is why we have our own minds. If the crime has to do with violence, guns, drinking, or drugs, or something of that nature, then I completely agree I shouldn't be licensed. Oh well, that's all said and done, I won't change my view on not getting a chl for a traffic violation is ridiculous. Anyways, thanks all of you for your input, it helps
     

    kimberten2

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    I apologize for the remarks then. No I do not speed. I wish the cops here in San Antonio had the time to pull people over for brake lights.

    Apology accepted, didn't want to start anything with you, over something like this lol, and if you come by san angelo, make sure EVERYTHING on your vehicle is in working order, and leave your blinker on for more time than allotted when changing lanes. This city is so bad, since it is a small city or (village) lol, they tend to look for alot of reasons to pull everyone over.
     

    txinvestigator

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    Wow, I feel like i'm a terrorist or something, sorry that my opinion differs than alot of peoples, but that is why we have our own minds. If the crime has to do with violence, guns, drinking, or drugs, or something of that nature, then I completely agree I shouldn't be licensed. Oh well, that's all said and done, I won't change my view on not getting a chl for a traffic violation is ridiculous. Anyways, thanks all of you for your input, it helps


    Umm, Driving on a suspended license is not a "traffic violation". Traffic violations are class C misdemeanors, and they do not affect your CHL. DWLS is a Class B, and when a person KNOWINGLY does so and is convicted, don't you think it is a good bet that they won't care to obey the CHL laws either. After all, they have proven they don't care about licensing laws in general.

    If the crime has to do with violence, guns, drinking, or drugs, or something of that nature
    And therein lies the quandary; who defines "that nature"? How about theft, embezzling, criminal trespass, Burglary of a Vehicle, Burglary of a Coin Operated Machine, Criminal Mischief, Fleeing a Police Officer (vehicle).....................
     

    kimberten2

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    Umm, Driving on a suspended license is not a "traffic violation". Traffic violations are class C misdemeanors, and they do not affect your CHL. DWLS is a Class B, and when a person KNOWINGLY does so and is convicted, don't you think it is a good bet that they won't care to obey the CHL laws either. After all, they have proven they don't care about licensing laws in general.

    And therein lies the quandary; who defines "that nature"? How about theft, embezzling, criminal trespass, Burglary of a Vehicle, Burglary of a Coin Operated Machine, Criminal Mischief, Fleeing a Police Officer (vehicle).....................

    Well, actually, if you have no knowledge that you have a suspended license, it is either dismissed by the prosecutor on grounds that you can prove it, or reduced to a class C, which you have just stated are "traffic violations".

    To be convicted of driving while with a suspended license, the state must show that the driver knew that their license was suspended. We are often able to get our clients' cases dismissed on these grounds, or reduced to a Class C misdemeanor violation, because the state cannot prove its case.


    http://www.gregglawdallas.com

    Yeah, I agree most people who have no regards for the law wouldn't care for the laws on having a chl. Most of the crimes you listed usually have either a gun involved, or drugs. Not all the time as I can't speak for everyone, but most people I see headlined, or just in the paper in general, get arrested and have either a gun, or are a drug abuser.
     

    txinvestigator

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    Well, actually, if you have no knowledge that you have a suspended license, it is either dismissed by the prosecutor on grounds that you can prove it, or reduced to a class C, which you have just stated are "traffic violations".

    To be convicted of driving while with a suspended license, the state must show that the driver knew that their license was suspended. We are often able to get our clients' cases dismissed on these grounds, or reduced to a Class C misdemeanor violation, because the state cannot prove its case.
    Yeah, that's what I said. :rolleyes:

    And when you quote someone, it is customary to use quotation symbols.



    Yeah, I agree most people who have no regards for the law wouldn't care for the laws on having a chl. Most of the crimes you listed usually have either a gun involved, or drugs.
    No, they don't "usually"






    Why did I know I should not have bothered with this one? :banghead::banghead::banghead:
     
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