Reciprocity Question

[lojackf150]

Good morning,

I have a 25 year old felony that falls under Title 5 that has been sealed by an order of the court. I have never had any issues purchasing a firearm. I wasn't sure if Texas would allow me to have a LTC so I ended up getting one from Arizona and Florida. Am I safe to carry in Texas? I really can't find anything on this.

Thanks,

 

[OldCurlyWolf]

Good morning,

I have a 25 year old felony that falls under Title 5 that has been sealed by an order of the court. I have never had any issues purchasing a firearm. I wasn't sure if Texas would allow me to have a LTC so I ended up getting one from Arizona and Florida. Am I safe to carry in Texas? I really can't find anything on this.

Thanks,

If you were able to get it sealed, it would probably be fairly easy to get it expunged, which would eliminate your question.

 

[Renegade]

Good morning,

I have a 25 year old felony that falls under Title 5 that has been sealed by an order of the court. I have never had any issues purchasing a firearm. I wasn't sure if Texas would allow me to have a LTC so I ended up getting one from Arizona and Florida. Am I safe to carry in Texas? I really can't find anything on this.

Could you have been sentenced to more than a year in jail?

What does "sealed" mean?

 

[lojackf150]

Yes. Access to my record is limited only to law enforcement agencies. I have received both Florida and Arizona CHL's in the last weeks. I did have to send Florida all my paperwork related to the case so it delayed my CHL but I did get it. I did not have to send Arizona anything. I don't believe my felony is showing up on the NCIC background check.

 

[Renegade]

Yes. Access to my record is limited only to law enforcement agencies. I have received both Florida and Arizona CHL's in the last weeks. I did have to send Florida all my paperwork related to the case so it delayed my CHL but I did get it. I did not have to send Arizona anything. I don't believe my felony is showing up on the NCIC background check.

You are not eligible for a Texas LTC. You cannot legally possess a firearm under Federal Law. You cannot possess one under Texas Law. Amazing anyone issued you a CHL. Foolish of you to buy one and apply for a CHL.

Not my rules.

 

[lojackf150]

Should have clarified. Deferred Adjudication completed 1994. Been buying firearms for the last 15 years. Just purchased a new handgun less than 10 days ago.

 

[ZX9RCAM]

Should have clarified. Deferred Adjudication completed 1994. Been buying firearms for the last 15 years. Just purchased a new handgun less than 10 days ago.

Here in Texas from an FFL?

 

[lojackf150]

Yep. Filled out the 4473 and walked out my gun. Always pass the background check. Never a delay.

 

[lojackf150]

Looked at my discharge papers from 1994 and it reads "defendant is discharged and all proceedings against defendant have been dismissed". Maybe that has something to do with it. Not sure. Also, have been stopped by DPS with a weapon in car, disclosed to them I had it and have never had a problem.

 

[lojackf150]

Section 5 of Article 42.12 addresses deferred adjudication. It provides that a defendant can be placed on deferred adjudication for a felony or a misdemeanor.

Under Section 5, “the judge may dismiss the proceedings and discharge a defendant, other than a defendant charged with an offense requiring the defendant to register as a sex offender … prior to the expiration of the term of community supervision if in the judge’s opinion the best interest of society and the defendant will be served.” If the judge elects to take this action, any dismissal and discharge from supervision “may not be deemed a conviction for purposes of disqualifications or disabilities imposed by law for conviction of an offense …”

However, a defendant with a prior deferred adjudication does face some practical “disabilities”: the defendant cannot apply for a license to carry a concealed weapon (in Texas) and the deferred adjudication can be considered by a judge or jury in the punishment phase of a criminal trial. I find it intriguing that I can apply in other states and receive my chl but cannot in my home state even though I have met all the requirements of my deferred adjudication. Should I assume 2nd chances are available elsewhere but not Texas?

Therefore, in Texas, deferred adjudication cannot be used as a predicate offense in a § 46.04 case because a deferred adjudication is not a “conviction.” Section 5 provides that the judge accept a guilty plea but defers making a finding of guilt. If the defendant successfully satisfies the conditions of deferred adjudication, his case is dismissed and he does not have a “conviction” – and a “conviction” is an essential element in a § 46.04 case. Even § 42.12(20) explicitly distinguishes those placed on community supervision after being “convicted” and those “pleading guilty.”

 

[easy rider]

A differed adjudication usually means that after a certain period of following a court order the charges dropped and the record is expunged.

 

[TheDan]

I think Texas treats differed adjudication a little differently than other states, at least when it comes to getting a CHL. Interesting situation to be in. Silence is probably the best option.

 

[Southpaw]

I think Texas treats differed adjudication a little differently than other states, at least when it comes to getting a CHL. Interesting situation to be in. Silence is probably the best option.

Yep..finding out one may not be eligible for a TX license and continuing to carry on another states non resident license might not be a good thing to find oneself trying to defend.

Also, if you apply for TX and you are denied you might find other states refuse to renew or issue their's to you. I know FL (at least at one time)specifically asked if you had ever been denied a license in any other state.

 

[lojackf150]

This is interesting....from another person in chl forum.

My first post here but your missing this part of the law.

§ 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.

This is why i have a permit from 3 other states. If Deferred Adjudication was given for anything under Title 5 or Chapter 29 Texas will not issue a permit.I was denied again last month for a deferred charge i had 16yrs ago.I still have full rites like everybody else.It was a felony conviction that was set aside with no adjudication of guilt.I paid a fine and 60 days probation that was it.Mine fell under Title 5 chapter 22. Only person that filed charges against me was the District Attorneys office. 16yrs and 3 lawyers later Texas still says no.

 

[tool4daman]

You may legally carry in Texas using either the Florida or Arizona permit. As long as Texas recognizes non-resident permits from those states, you may carry. The fact that the state of Texas will not issue you a license is irrelevant.

 

[lojackf150]

You may legally carry in Texas using either the Florida or Arizona permit. As long as Texas recognizes non-resident permits from those states, you may carry. The fact that the state of Texas will not issue you a license is irrelevant.

Thank you for the clarification. That is what I assumed but you know what happens when you do that!

Thanks again.