CHL's and felony charges?

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CHL's and felony charges?

Postby adrenlynjnky » Tue Dec 06, 2011 4:32 pm

I am new to the forums and here more or less for a specific purpose. My Father is currently 53 years old and has always wanted to get his CHL. However he apparently has 2 felony charges on his record from 1978. Is there anything that can be done for him to get his CHL? Now also keep in mind that under normal circumstances a felon would lose his right to vote Correct? but he has voted almost every year since in the presidentials. I have tried to do some research on a governors pardon but to no avail. I have been able to come up with no information on the subject. Does any one have any ideas, info, or suggestions?
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Re: CHL's and felony charges?

Postby Ruark » Tue Dec 06, 2011 5:09 pm

State law mandates that a person with a felony conviction can not have a CHL. In fact, they're not allowed to buy or even possess a handgun, by federal law. The only way to get around it is to have the convictions expunged. He may be eligible for expungement, depending on some things about his conviction. Was he paroled, and did he complete his parole successfully? Was he convicted of any crime related to children (molestation, etc.), or violence, such as aggravated robbery, assault, murder, etc.? If it was back in '78, he might be eligible. An attorney could look at his record and tell you.
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Re: CHL's and felony charges?

Postby Crossfire » Tue Dec 06, 2011 6:56 pm

A felony conviction in 1978 might not qualify as a felony offense in 2011. If it does not, he may be eligible.

If he received a deferred adjudication, and it was for a non-violent felony, he might also be eligible.
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Re: CHL's and felony charges?

Postby Bullwhip » Wed Dec 07, 2011 5:11 am

Felony charges or felony convictions?
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Re: CHL's and felony charges?

Postby gregthehand » Wed Dec 07, 2011 9:38 am

Wondering the same thing? Convictions or charges??
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Re: CHL's and felony charges?

Postby adrenlynjnky » Wed Dec 07, 2011 2:05 pm

I believe they are convictions. I know one is burglary of a habitation. I'm not sure what to other is right hand. Both sound worse then they actually are. They are really just wrong place wrong time.
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Re: CHL's and felony charges?

Postby bayouhazard » Wed Dec 07, 2011 2:26 pm

I'm pretty sure Burglary of a Habitation is one of those where deferred adjudication is forever a conviction (for CHL purposes) even after 10 years.
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Re: CHL's and felony charges?

Postby Gambit » Fri Dec 09, 2011 10:50 pm

Im in a similiar situation I was a really naive. In any case Im in a holding pattern right now to try and get my Texas CHL back. I am eligible for a Florida CHL and through reciprocity I am allowed to carry but I cant wait till all this gets resolved so I can reapply for my License.

Here are 2 threads I started about my ordeal.
If you read them they may help you and your father with some information.

http://www.texaschlforum.com/viewtopic.php?f=7&t=36550

http://www.texaschlforum.com/viewtopic.php?f=7&t=49848
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Re: CHL's and felony charges?

Postby tommyg » Fri Dec 09, 2011 11:25 pm

I'm not a lawyer so check it out
According to FAQ on the Dps Concealed Carry web page
a conviction for habitation burglary means no guns for life
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Re: CHL's and felony charges?

Postby dbox » Tue Dec 20, 2011 12:00 pm

Gambit - I have the exact charge as you and my CHL wasn't revoked. It does expire on my birthday next year so i assume I'm screwed after that....just wondering why yours was revoked after being issued?
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Re: CHL's and felony charges?

Postby CC Italian » Wed Dec 21, 2011 10:59 pm

WOW! All I can say is that I know we all do stupid stuff when we are younger but two convictions? I am sure your father is a reformed man. Age really can make you smarter, imo :lol: . If he has two felony convictions I am sorry to say that more then likely he will not be able to get a CHL. I honestly can't believe he can purchase a firearm! His next best bet is to contact an attorney if he wants to pursue it.

It's sad that some of you guys made these mistakes when young and have to learn the hard way but the law is the law. I will have to admit but to me personally burglary of a habitation is a serious crime even if no violence or weapons were involved. I work with teenagers all day long and they KNOW right from wrong they just don’t think about the consequences before they act.
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Re: CHL's and felony charges?

Postby speedsix » Wed Dec 21, 2011 11:33 pm

...a lot of things we do when we're younger are more a result of mental turbidity than moral turpitude!!! this is because the content of our brains is often more brown than grey at that age...I would like to see the possibility of a clean slate at 21 for any crimes not involving harm to a human being...at both federal and state levels...I know it will never happen...but some of the worst at 18 are some of the best at 22...
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Re: CHL's and felony charges?

Postby gigag04 » Thu Dec 22, 2011 12:21 am

speedsix wrote:...a lot of things we do when we're younger are more a result of mental turbidity than moral turpitude!!! this is because the content of our brains is often more brown than grey at that age...I would like to see the possibility of a clean slate at 21 for any crimes not involving harm to a human being...at both federal and state levels...I know it will never happen...but some of the worst at 18 are some of the best at 22...

Disagree.

Burg of a hab, while not violent, definitely affects people. Youve been there when you take that report and the wife is too scared to even stay at the ransacked house.
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Re: CHL's and felony charges?

Postby speedsix » Thu Dec 22, 2011 12:33 am

...no arguing that...a peeping tom can traumatize someone, as can many other crimes...I have seen MANY young idiots grow to be fine young men(often after a hitch in Uncle Sam's service) and I hate to see them saddled with all the garbage of their youthful poor choices...no danger of what I wished for ever happening, I'm sure...
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Re: CHL's and felony charges?

Postby tbrown » Thu Dec 22, 2011 7:56 pm

If it's a victimless crime (MIP, UCW, consensual gambling, consensual sex) then it should get automatically expunged after the same amount of time a bankruptcy gets wiped from a credit report. After all, bankruptcy harms the creditors, so if that slate gets wiped clean, then victimless crimes should be wiped clean too.
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