A Question of Eligibility over Out of State Charge.

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JosephTX94
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A Question of Eligibility over Out of State Charge.

#1

Post by JosephTX94 » Sat Apr 07, 2018 12:20 am

So to start this thread is regarding a very interesting situation I found myself in; That is I was arrested in the State of Kansas and charged with a Class B Non-Person Misdemeanor for Driving Suspended ... on a Texas driver's license... due to the DPS surcharge...

Yes I know, completely my fault for not paying it.

Anyway that said, I'm under the impression, though this is based off of 8 year old information, that the DPS rule on Out-Of-State charges is that they go off of the way the charging state classifies the offense rather than how the actual offense is classified under Texas law; thus my charge would constitute a Class B Misdemeanor and of course make me ineligible for 5 years; unless this has changed.

Now my question is this: Since it was a Texas suspension that resulted in this out-of-state charge would they make an exception to this rule and view it under Texas law instead?

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Re: A Question of Eligibility over Out of State Charge.

#2

Post by bigtek » Sat Apr 07, 2018 4:01 pm

For an out of state conviction, DPS is supposed to treat it as "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."
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Re: A Question of Eligibility over Out of State Charge.

#3

Post by JosephTX94 » Sat Apr 07, 2018 7:29 pm

bigtek wrote:For an out of state conviction, DPS is supposed to treat it as "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."
So there's absolutely no exception at all?


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Re: A Question of Eligibility over Out of State Charge.

#4

Post by infoman » Sun Apr 08, 2018 2:18 pm

You’d be ineligible for 5 years.


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Re: A Question of Eligibility over Out of State Charge.

#5

Post by BBYC » Mon Apr 09, 2018 12:34 pm

Don't do the crime if you can't wait the time.
God, grant me serenity to accept the things I can't change
Courage to change the things I can
And the firepower to make a difference.

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Re: A Question of Eligibility over Out of State Charge.

#6

Post by Grundy1133 » Mon Apr 09, 2018 12:46 pm

BBYC wrote:Don't do the crime if you can't wait the time.
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Re: A Question of Eligibility over Out of State Charge.

#7

Post by JosephTX94 » Sat Apr 14, 2018 6:02 am

infoman wrote:You’d be ineligible for 5 years.
I'm confused, because Bigtek said the DPS counts it as a Class A so wouldn't I be ineligible for 10 years?

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Keith B
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Re: A Question of Eligibility over Out of State Charge.

#8

Post by Keith B » Sat Apr 14, 2018 7:20 am

JosephTX94 wrote:
infoman wrote:You’d be ineligible for 5 years.
I'm confused, because Bigtek said the DPS counts it as a Class A so wouldn't I be ineligible for 10 years?
No, misdemeanors are only 5 year disqualifiers.
GC §411.172. ELIGIBILITY.
(a) A person is eligible for a license to carry a handgun if the person:
........
(8) has not, in the five years preceding the date of application, been convicted
of a Class A or Class B misdemeano
r or equivalent offense or of an offense
under Section 42.01, Penal Code, or equivalent offense;
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4

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Re: A Question of Eligibility over Out of State Charge.

#9

Post by JosephTX94 » Mon Apr 16, 2018 12:49 am

Keith B wrote:
JosephTX94 wrote:
infoman wrote:You’d be ineligible for 5 years.
I'm confused, because Bigtek said the DPS counts it as a Class A so wouldn't I be ineligible for 10 years?
No, misdemeanors are only 5 year disqualifiers.
GC §411.172. ELIGIBILITY.
(a) A person is eligible for a license to carry a handgun if the person:
........
(8) has not, in the five years preceding the date of application, been convicted
of a Class A or Class B misdemeano
r or equivalent offense or of an offense
under Section 42.01, Penal Code, or equivalent offense;
Thank you; I thought there was 10 year prohibition or at least there used to be.

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Keith B
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Re: A Question of Eligibility over Out of State Charge.

#10

Post by Keith B » Mon Apr 16, 2018 8:03 am

JosephTX94 wrote:
Keith B wrote:
JosephTX94 wrote:
infoman wrote:You’d be ineligible for 5 years.
I'm confused, because Bigtek said the DPS counts it as a Class A so wouldn't I be ineligible for 10 years?
No, misdemeanors are only 5 year disqualifiers.
GC §411.172. ELIGIBILITY.
(a) A person is eligible for a license to carry a handgun if the person:
........
(8) has not, in the five years preceding the date of application, been convicted
of a Class A or Class B misdemeano
r or equivalent offense or of an offense
under Section 42.01, Penal Code, or equivalent offense;
Thank you; I thought there was 10 year prohibition or at least there used to be.
10 years is for some felony deffered adjudication charges.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4

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