Multiple misdemeanors

[WildBill]

Personally, I think it's silly to seek legal advice from an Internet forum. When you get a solid answer from a REAL lawyer it would be great if you responded to let us know what you find out. I'm curious how it all works out since the crime was committed in another state.

What some have stated is that burglary is a felony in Texas so it automatically becomes a felony even though you were charged with a misdemeanor elsewhere. So does that mean if I commit a felony in Texas and I move to another state that a charge will suddenly become known as a misdemeanor? Especially since the same crime is a lesser charge there.

Welcome to the forum Selcouth.

First of all, the opinions sought and given on the forum are not legal advice.

There are many knowledgeable people on the forum including lawyers and CHL instructors who are up to date on the laws and application process.

Second of all, laws concerning CHL are very specialized and these same people on the forum know more about the CHL laws that most lawyers.

I am not one of those people.

As far as committing a felony in Texas and moving to another state, how it is treated depends on the crime and the laws of the other state.

The CHL rules of Texas state that if the crime is a felony in Texas at the time of application for a CHL, then it is counted as a felony for CHL eligibility purposes.

GC § 411.172. ELIGIBILITY.
(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:

(1) a felony if the offense, at the time of a person’s application for a license to carry a concealed handgun:

(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.

[gringo pistolero]

What some have stated is that burglary is a felony in Texas so it automatically becomes a felony even though you were charged with a misdemeanor elsewhere. So does that mean if I commit a felony in Texas and I move to another state that a charge will suddenly become known as a misdemeanor? Especially since the same crime is a lesser charge there.

You need to check the laws of that other state to see what their rules are for CHL eligibility but the Federal prohibition would still exist for felony convictions.

[Jermsj]

The law also states that you entered the building not then open to the public which the grocery store was at the time. I have put the question to DPS I will post when I Recieve a definative reply. Thank you for all of your responses.

[Keith B]

The law also states that you entered the building not then open to the public which the grocery store was at the time. I have put the question to DPS I will post when I Recieve a definative reply. Thank you for all of your responses.

Good luck. Most of the time they will look at the charge and disposition only and not the details of the actual offense committed to make the determination. In this case it was listed as burglary, which is a disqualifier. I would sure try to push the issue it was a misdemeanor offense and that might help them look a little deeper at the actual details.