Class A misdemeanor out of state

[rw1561]

I was convicted of two class A misdemeanors over 15 years ago in Illinois, the 1st was aggravated assault and the second was illegal possession of a handgun. I would like to know if the misdemeanor aggravated assault conviction in Illinois 15 years ago will disqualify me from getting my Texas CHL?

[Crossfire]

No, class A misdeamenors only disqualify you for 5 years.

[infoman]

I would be a bit cautious about applying. Assaults are bad to have on your record, that charge may disqualify you for life. I would call ahead and check with someone at Dps first. Any type of charge like- assaults, burglary, family violence, etc. carry much more weight then stuff like drug charges. I'm actually 50/50 that you would be denied based on the charges you mentioned. I would check before you throw your money away, just a fair warning.

[Charles L. Cotton]

No misdemeanor other than family violence is a permanent disqualification for a Texas CHL. Was your assault conviction a case of family violence? Who was the victim (relationship to you, not their name)? Since this was out of state, what was the most severe penalty that could have been imposed; not what was imposed, what was the most severe penalty possible? If it was over one year, Texas is going to call that a felony and you will be disqualified permanently.

Chas.

[rw1561]

No misdemeanor other than family violence is a permanent disqualification for a Texas CHL. Was your assault conviction a case of family violence? Who was the victim (relationship to you, not their name)? Since this was out of state, what was the most severe penalty that could have been imposed; not what was imposed, what was the most severe penalty possible? If it was over one year, Texas is going to call that a felony and you will be disqualified permanently.

My aggravated assault misdemeanor in IL was not a case of family violence. The victim was not related to me, the aggravated assault incident happened after an almost near head on car collision. The most severe penalty was up to 1 year in jail. Thanks for any feed back.

[Charles L. Cotton]

No misdemeanor other than family violence is a permanent disqualification for a Texas CHL. Was your assault conviction a case of family violence? Who was the victim (relationship to you, not their name)? Since this was out of state, what was the most severe penalty that could have been imposed; not what was imposed, what was the most severe penalty possible? If it was over one year, Texas is going to call that a felony and you will be disqualified permanently.

My aggravated assault misdemeanor in IL was not a case of family violence. The victim was not related to me, the aggravated assault incident happened after an almost near head on car collision. The most severe penalty was up to 1 year in jail. Thanks for any feed back.

If it's an aggravated assault, you have a problem. Even if the offense was a misdemeanor in your home state, aggravated assault is a felony in Texas, so it will be considered a felony for purposes of CHL eligibility, per Tex. Gov't Code §411.172(c) below.

Chas.

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.

Sec. 22.02. AGGRAVATED ASSAULT.

(a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:

• (1) causes serious bodily injury to another, including the person's spouse; or
  
  (2) uses or exhibits a deadly weapon during the commission of the assault.

(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: . . .