Disqualified for CHL because of change in the law?

Relevant bills filed and their status

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Charles L. Cotton
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Disqualified for CHL because of change in the law?

#1

Post by Charles L. Cotton » Thu Apr 23, 2009 1:46 pm

If you were eligible for a CHL, but became ineligible because you had a misdemeanor conviction or deferred adjudication for an offense that the legislature later upgraded to a felony, please send me a PM with your telephone number, if you willing to be an impact witness in Austin. SB1424 passed the Senate and it's now in the House.

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Chas.
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Re: Disqualified for CHL because of change in the law?

#2

Post by frazzled » Thu Apr 23, 2009 2:00 pm

Sorry, er what? background link or summary?
7/23/08 Completed CHL class and fingerprints (Harris County)
7/27/08 Return receipt of completed application
12/31/08 received notice further information requested
1/8/09 sent information
1/18/09 notice application complete on website-certificate issued (yes on a Sunday)
1/23/09 received card

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Keith B
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Re: Disqualified for CHL because of change in the law?

#3

Post by Keith B » Thu Apr 23, 2009 2:08 pm

Bill No.: SB1424
Author: (Seliger, R, A)
Caption Relating to a person's eligibility to possess or carry a concealed handgun or other firearm.
Description: This bill clarifies that in order for a "felony" conviction (including deferred adjudications) to be disqualifying, it must have been a felony both at the time of the conviction and at the time the person applied for a CHL
Companion:
Position on bill Support this bill.
Status: Voted favorably from the Senate Criminal Justice Committee on 4/7/09 and recommended for Local & Uncontested; placed on Intent Calendar 4/17/09.
Legislative History: Legislative History.
Final Disposition:
Keith
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Re: Disqualified for CHL because of change in the law?

#4

Post by Gambit » Wed Apr 29, 2009 3:27 pm

Does this mean that we need to apply to have our records sealed for CHL to be legal?

I was defferred ajudicated in 91 does this mean I'll be carrying illegally after Sept 1 2009 if the House passes the bill? unless I find a lawyer to seal my record? Geez .. :???:

(C)AAotherwise vacated, set aside, annulled,
invalidated, voided, or sealed under any state or federal law.

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Re: Disqualified for CHL because of change in the law?

#5

Post by Charles L. Cotton » Wed Apr 29, 2009 4:13 pm

Gambit wrote:Does this mean that we need to apply to have our records sealed for CHL to be legal?

I was defferred ajudicated in 91 does this mean I'll be carrying illegally after Sept 1 2009 if the House passes the bill? unless I find a lawyer to seal my record? Geez .. :???:

(C)AAotherwise vacated, set aside, annulled,
invalidated, voided, or sealed under any state or federal law.
Sealing records won't make any difference, plus it's almost impossible to get records sealed unless it's a juvenile.
SB1424 does a number of very good things. What I'm focusing on for witnesses are people who were convicted of a misdemeanor and were eligible for a CHL after 5 years, but are not not eligible because the offense was upgraded to a felony. For example, certain assaults used to be misdemeanors and are now felonies. This catch 22 has caused a problem for some people who held a CHL for years, but became ineligible because of a change in the law.

What was your deferral for?

Chas.
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Gambit
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Re: Disqualified for CHL because of change in the law?

#6

Post by Gambit » Wed Apr 29, 2009 5:04 pm

Charles L. Cotton wrote:
Gambit wrote:Does this mean that we need to apply to have our records sealed for CHL to be legal?

I was defferred ajudicated in 91 does this mean I'll be carrying illegally after Sept 1 2009 if the House passes the bill? unless I find a lawyer to seal my record? Geez .. :???:

(C)AAotherwise vacated, set aside, annulled,
invalidated, voided, or sealed under any state or federal law.
Sealing records won't make any difference, plus it's almost impossible to get records sealed unless it's a juvenile.
SB1424 does a number of very good things. What I'm focusing on for witnesses are people who were convicted of a misdemeanor and were eligible for a CHL after 5 years, but are not not eligible because the offense was upgraded to a felony. For example, certain assaults used to be misdemeanors and are now felonies. This catch 22 has caused a problem for some people who held a CHL for years, but became ineligible because of a change in the law.

What was your deferral for?

Chas.
Im rather embarrassed; it was a college prank so long ago id rather keep it buried. It wasn't viloent, or anything, just a really stupid dare; and to keep the story short it was deferred as a felony. It ruined my aspirations for law school.

In any case Im thouroughly confused now; Back in 2005 the laws changed the definition of "convicted" to not include defferred ajudication. Or longer than 5 years. Has that all changed?

From what I read here http://www.legis.state.tx.us/tlodocs/81 ... 01424I.pdf Am I still ok under "Section 4"?


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Re: Disqualified for CHL because of change in the law?

#7

Post by Gambit » Wed Apr 29, 2009 9:28 pm

Nevermind did some research and this still stands . this was amended in 2005... Im still able to defend myself ... for now....


GC § 41 1 . I 711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
person is not convicted, as that term is defined by Section 411 .I 71, 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 an offense under Title
5, Penal Code, or Chapter 29, Penal Code.


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Re: Disqualified for CHL because of change in the law?

#8

Post by Clay5_98 » Sun May 17, 2009 3:10 pm

I don’t understand how you can be a felon now if you were convicted of a misdemeanour crime just because of a law change?
Wouldn’t this be Ex posto facto since it may aggravate a crime by bringing it into a more severe category than it was in at the time it was committed?


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Re: Disqualified for CHL because of change in the law?

#9

Post by Reloader » Sun May 17, 2009 4:45 pm

Just like the Latenberg amendment where misdemeanors of 30+ years ago became felonies for law enforcement qualifications for certification...
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