am i eligible?

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Charles L. Cotton
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Re: am i eligible?

#16

Post by Charles L. Cotton » Tue Oct 07, 2014 11:31 am

txmedic1 wrote:
Charles L. Cotton wrote:
txmedic1 wrote:According to my lawyer, my case is discharged, dismissed, and sealed. So does this still disqualify me? If it does disqualify for CHL, does it disqualify me to purchase firearms (for hunting and home protection, etc).
If it was truly sealed, then it will not disqualify you for a CHL.

Chas.

Thanks Charles, a "nondisclosure" and a "seal" is the same thing correct???
No. However, a DPS attorney stated to a judge during a hearing that the Dept. treats an order of nondisclosure the same way as a sealed record. That was merely her statement, so I cannot confirm this is in fact DPS policy.

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txmedic1
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Re: am i eligible?

#17

Post by txmedic1 » Fri Sep 13, 2019 5:09 pm

So i'm back after being gone for 5 years. found my old post, and the question remains, am i eligible? i was in contact for a short time, from someone here via text message, but have since lost their number.

is the florida non resident still an option?

thank again.

txmedic1


infoman
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Re: am i eligible?

#18

Post by infoman » Sat Sep 14, 2019 12:42 am

A felony deferred adjudication for Aggravated Assault is a permanent disqualifier to get a Texas LTC. if you get an Order of non-disclosure it would make you eligible. (or an expungement).

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03Lightningrocks
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Re: am i eligible?

#19

Post by 03Lightningrocks » Sat Sep 14, 2019 1:03 am

Sec. 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:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07 or 25.072, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1)
2015 Texas Statutes
PENAL CODE
TITLE 5 - OFFENSES AGAINST THE PERSON
CHAPTER 19 - CRIMINAL HOMICIDE
CHAPTER 20 - KIDNAPPING, UNLAWFUL RESTRAINT, AND SMUGGLING OF PERSONS
CHAPTER 20A - TRAFFICKING OF PERSONS
CHAPTER 21 - SEXUAL OFFENSES
CHAPTER 22 - ASSAULTIVE OFFENSES
You may be permanently ineligible under Title 5 of the penal code I quoted above. Title five chapter 22 (aasualtive offenses).
A deferred is not technically a conviction so there is no pardon as there is nothing to pardon. Non disclosure is simply keeping it from public eyes. The DPS will still see it. I am not a lawyer and would suggest you contact one to verify.

About the Florida option. Even if you got a Florida LTC, It won't allow you to carry in Texas if you are ineligible for a Texas LTC.

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Re: am i eligible?

#20

Post by RoyGBiv » Sat Sep 14, 2019 9:05 am

03Lightningrocks wrote:
About the Florida option. Even if you got a Florida LTC, It won't allow you to carry in Texas if you are ineligible for a Texas LTC.
If you can point me to the right place in the Texas penal code where it says that, I would appreciate it.
I am not a lawyer. This is NOT legal advice.!
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03Lightningrocks
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Re: am i eligible?

#21

Post by 03Lightningrocks » Sat Sep 14, 2019 9:23 am

RoyGBiv wrote:
Sat Sep 14, 2019 9:05 am
03Lightningrocks wrote:
About the Florida option. Even if you got a Florida LTC, It won't allow you to carry in Texas if you are ineligible for a Texas LTC.
If you can point me to the right place in the Texas penal code where it says that, I would appreciate it.
So can you do this? Will Florida give you a LTC if Texas says you are ineligible? If they will, this could be a possible "work around" for folks in the OP's predicament. It has been awhile since getting the Utah permit and I was thinking they would only issue non-resident if you had the resident in a reciprocal state. I would like to know if you can enlighten a brother.

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The Annoyed Man
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Re: am i eligible?

#22

Post by The Annoyed Man » Sat Sep 14, 2019 10:06 am

txmedic1 wrote:
Fri Sep 13, 2019 5:09 pm
So i'm back after being gone for 5 years. found my old post, and the question remains, am i eligible? i was in contact for a short time, from someone here via text message, but have since lost their number.

is the florida non resident still an option?

thank again.

txmedic1
I don’t mean to be rude at all, but.....

Literally years have gone by since you originally asked the question. The closest thing to a "sure" answer you’ve had up to this point is the one Charles L. Cotton gave you back in 2014—to whit: (a) a "non-disclosure" is NOT the same thing as a "sealed" record; and (b) an as-yet unconfirmed report that DPS treats a non-disclosure the same as a "sealed" record. You can either believe that or not, but there is absolutely NO question that Mr Cotton is THE subject matter expert in the entire state when it comes to Texas LTC Law.

Nobody else here can peer into the mists of the future for you and tell if if you’re golden or not, or what will or won’t happen if you either use a FL non-resident license, or obtain a resident Texas LTC. You’re going to have to take a deep breath, and step out in faith that your application will go through if you do everything by the book; or go the FL license route and take your chances.

As to the question of whether a FL non-resident or a Texas LTC is the better option for you, you’ve had a number of people suggest you retain an attorney to find out. Exactly none of these people are your attorney. Suggestions have been voluntarily offered out of good will, but none of it constitutes legal advice. Here’s my advice: hire a lawyer who specializes in Texas firearm law, and follow his/her advice.

GET. A. LAWYER. ......in case you ignored anything written above....... then start from the top with him/her. This is just an Internet forum.....a very good one.....but still.....

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Re: am i eligible?

#23

Post by Grayling813 » Sat Sep 14, 2019 10:59 am

The Annoyed Man wrote:
Sat Sep 14, 2019 10:06 am
txmedic1 wrote:
Fri Sep 13, 2019 5:09 pm
So i'm back after being gone for 5 years. found my old post, and the question remains, am i eligible? i was in contact for a short time, from someone here via text message, but have since lost their number.

is the florida non resident still an option?

thank again.

txmedic1
You’re going to have to take a deep breath, and step out in faith that your application will go through if you do everything by the book; or go the FL license route and take your chances.
And now, it will only cost you $40 application + $10 fingerprints to find out if DPS is going to deny you instead of $100 + $10. Much cheaper than engaging an attorney before you know if you have a problem.
Those who make peaceful revolution impossible will make violent revolution inevitable.
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txmedic1
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Re: am i eligible?

#24

Post by txmedic1 » Sat Sep 14, 2019 11:29 am

Grayling813 wrote:
Sat Sep 14, 2019 10:59 am
The Annoyed Man wrote:
Sat Sep 14, 2019 10:06 am
txmedic1 wrote:
Fri Sep 13, 2019 5:09 pm
So i'm back after being gone for 5 years. found my old post, and the question remains, am i eligible? i was in contact for a short time, from someone here via text message, but have since lost their number.

is the florida non resident still an option?

thank again.

txmedic1
You’re going to have to take a deep breath, and step out in faith that your application will go through if you do everything by the book; or go the FL license route and take your chances.
And now, it will only cost you $40 application + $10 fingerprints to find out if DPS is going to deny you instead of $100 + $10. Much cheaper than engaging an attorney before you know if you have a problem.
thank you, all great input and suggestions. this brings up a second question. if i apply for a texas and get denied, is it permanent? can i get then get the non disclosure and then pass?


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Re: am i eligible?

#25

Post by Mike S » Sat Sep 14, 2019 1:00 pm

infoman wrote:
Sat Sep 14, 2019 12:42 am
A felony deferred adjudication for Aggravated Assault is a permanent disqualifier to get a Texas LTC. if you get an Order of non-disclosure it would make you eligible. (or an expungement).
txmedic1 wrote: Thank you, all great input and suggestions. this brings up a second question. if i apply for a texas and get denied, is it permanent? can i get then get the non disclosure and then pass?
How about start with getting the non-disclosure, then applying? According to Infoman's post, that would make you eligible.

(I don't know for certain, but I have a feeling Infoman's read on things is solid)

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03Lightningrocks
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Re: am i eligible?

#26

Post by 03Lightningrocks » Sat Sep 14, 2019 1:05 pm

txmedic1 wrote:
Sat Sep 14, 2019 11:29 am


thank you, all great input and suggestions. this brings up a second question. if i apply for a texas and get denied, is it permanent? can i get then get the non disclosure and then pass?
In case you missed the last comment in TAM's post...
The Annoyed Man wrote:
Sat Sep 14, 2019 10:06 am

GET. A. LAWYER. ......in case you ignored anything written above....... then start from the top with him/her. This is just an Internet forum.....a very good one.....but still.....

Nobody can make up your mind for you.
Everything else you are getting here is just opinion and not one of them is an expert opinion. Including mine.

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The Annoyed Man
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Re: am i eligible?

#27

Post by The Annoyed Man » Sat Sep 14, 2019 7:31 pm

Mike S wrote:
Sat Sep 14, 2019 1:00 pm
infoman wrote:
Sat Sep 14, 2019 12:42 am
A felony deferred adjudication for Aggravated Assault is a permanent disqualifier to get a Texas LTC. if you get an Order of non-disclosure it would make you eligible. (or an expungement).
txmedic1 wrote: Thank you, all great input and suggestions. this brings up a second question. if i apply for a texas and get denied, is it permanent? can i get then get the non disclosure and then pass?
How about start with getting the non-disclosure, then applying? According to Infoman's post, that would make you eligible.

(I don't know for certain, but I have a feeling Infoman's read on things is solid)
To get that order, you’re a fool if you try it without an attorney. GET. A. LAWYER. Ignore advice that tells you to cheap out.

03Lightningrocks wrote:
Sat Sep 14, 2019 1:05 pm
txmedic1 wrote: thank you, all great input and suggestions. this brings up a second question. if i apply for a texas and get denied, is it permanent? can i get then get the non disclosure and then pass?
In case you missed the last comment in TAM's post...
The Annoyed Man wrote:
GET. A. LAWYER. ......in case you ignored anything written above....... then start from the top with him/her. This is just an Internet forum.....a very good one.....but still.....

Nobody can make up your mind for you.
Everything else you are getting here is just opinion and not one of them is an expert opinion. Including mine.
What he said I said. :mrgreen:
Give me Liberty, or I'll get up and get it myself.—Hookalakah Meshobbab
I don't carry because of the odds, I carry because of the stakes.—The Annoyed Boy
My dream is to have lived my life so well that future generations of leftists will demand my name be removed from buildings.


infoman
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Re: am i eligible?

#28

Post by infoman » Sun Sep 15, 2019 7:54 pm

Don’t be dumb & apply now as is. Get an Order of Non-Disclosure & then apply & you will be approved 100%- & I’m absolutely certain, not guessing. Also, if you were to get a non-resident out of state permit/license (like Florida for example), you could carry with that here. So, to sum up: 1. Get either an order of non-disclose or an expungement & apply for a Texas LTC, or 2. Get an out of state license- Florida, Arizona, Virginia, etc...

Again, I’m not guessing- this is accurate advise.

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03Lightningrocks
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Re: am i eligible?

#29

Post by 03Lightningrocks » Sun Sep 15, 2019 8:46 pm

infoman wrote:
Sun Sep 15, 2019 7:54 pm
Don’t be dumb & apply now as is. Get an Order of Non-Disclosure & then apply & you will be approved 100%- & I’m absolutely certain, not guessing. Also, if you were to get a non-resident out of state permit/license (like Florida for example), you could carry with that here. So, to sum up: 1. Get either an order of non-disclose or an expungement & apply for a Texas LTC, or 2. Get an out of state license- Florida, Arizona, Virginia, etc...

Again, I’m not guessing- this is accurate advise.
Accurate advise? Are you an attorney? An order of non-disclosure ONLY prevents the courts and police from releasing your records to public entities? It does not make it go away. DPS will still see it as a deferred adjudication.


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Re: am i eligible?

#30

Post by infoman » Mon Sep 16, 2019 10:07 am

I’m absolutely 100% accurate. I’m absolutely 100% certain that DPS will approve any charge that has an order of Non-Disclosure.

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