Had a rough past, am I eligible?
Moderators: carlson1, Charles L. Cotton
Had a rough past, am I eligible?
In 2009 I was charged with misdemeanor reckless endangerment in North Dakota. I plead guilty and got time served (2 days in jail) and paid a fine. In 2011 I was arrested for felony possession of marijuana in Texas, had the charges deferred while I completed 3 years of probation, then the charges where dropped. That all seems like a lifetime ago, and I'm wondering if it will now prevent me from getting my CHL? I tried looking for answers on here before posting this, and it seems like the possession charge might not prevent me? But I'm still unsure about the reckless endangerment.
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Re: Had a rough past, am I eligible?
I'm not a lawyer, but I think you're out of luck on this one: https://texasdefenselaw.com/library/def ... ion-texas/
texasdefenselaw.com wrote:a set-aside on a felony community supervision may not prohibit a person from owning a handgun under the felon in possession rule. Under the DPS concealed handgun rules, however, a set-aside on a felony prohibits an applicant from applying for a CHL.
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Re: Had a rough past, am I eligible?
The the possession charge was deferred adjudication. It's past the 5 year mark, so I can get that sealed. After doing so, will it still prevent me from owning a CHL?
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Re: Had a rough past, am I eligible?
Welcome to the Forum.TexDSg05 wrote:The the possession charge was deferred adjudication. It's past the 5 year mark, so I can get that sealed. After doing so, will it still prevent me from owning a CHL?
Felony possession of marijuana is not a permanent ban on getting a LTC, but you will not be eligible until 10 years after the date on the court order giving you deferred adjudication. The exclusion period for misdemeanors is five years, but it is ten years for felonies. Felony deferred adjudication for offenses in Title 5 or Chp. 29 of the Penal Code are permanent bars to getting a LTC.
Chas.
Re: Had a rough past, am I eligible?
Thank you for the info. Looks like I have awhile to wait.