A Question of Eligibility over Out of State Charge.
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A Question of Eligibility over Out of State Charge.
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?
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?
Re: A Question of Eligibility over Out of State Charge.
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.
So there's absolutely no exception at all?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."
Re: A Question of Eligibility over Out of State Charge.
You’d be ineligible for 5 years.
Re: A Question of Eligibility over Out of State Charge.
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.
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.
I'm confused, because Bigtek said the DPS counts it as a Class A so wouldn't I be ineligible for 10 years?infoman wrote:You’d be ineligible for 5 years.
Re: A Question of Eligibility over Out of State Charge.
No, misdemeanors are only 5 year disqualifiers.JosephTX94 wrote:I'm confused, because Bigtek said the DPS counts it as a Class A so wouldn't I be ineligible for 10 years?infoman wrote:You’d be ineligible for 5 years.
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 misdemeanor 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
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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Topic author - Junior Member
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Re: A Question of Eligibility over Out of State Charge.
Thank you; I thought there was 10 year prohibition or at least there used to be.Keith B wrote:No, misdemeanors are only 5 year disqualifiers.JosephTX94 wrote:I'm confused, because Bigtek said the DPS counts it as a Class A so wouldn't I be ineligible for 10 years?infoman wrote:You’d be ineligible for 5 years.
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 misdemeanor or equivalent offense or of an offense
under Section 42.01, Penal Code, or equivalent offense;
Re: A Question of Eligibility over Out of State Charge.
10 years is for some felony deffered adjudication charges.JosephTX94 wrote:Thank you; I thought there was 10 year prohibition or at least there used to be.Keith B wrote:No, misdemeanors are only 5 year disqualifiers.JosephTX94 wrote:I'm confused, because Bigtek said the DPS counts it as a Class A so wouldn't I be ineligible for 10 years?infoman wrote:You’d be ineligible for 5 years.
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 misdemeanor 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
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4