CHL eligibility questions

[Tazman]

All

I was young and stupid and got caught 25 years ago in Georgia. 2nd Degree Arson, never tried, deferred adjudication and finally discharged under Georgia's First Offender Act - been straight as an arrow for the last 25 years. Nothing on my record and I can legally vote and own a firearm. However, every time I go to purchase one, the NICS check is delayed and usually after the 3 days or so, I am called to pick up the firearm.

In the past, I considered getting my CHL but figured I was immediately ineligible due to the fact that Texas treats deferred adjudication as a conviction for CHL purposes. However, after researching further, I think that statute only excludes certain infractions forever and others are eligible for CHL after 10 years. I do not think that arson is one of the forever banned infractions and it has been 25 years so I should be able to get my CHL, yes?

I called the Texas DPS and they were pretty non-committal. I don't want to go through the expense and time for CHL training if it is ultimately going to be denied. Any feedback?

Also knowing the issue above, is there any thing I need to answer on the application specifically around this? What documentation do I need to provide, if any?

Thanks

[Charles L. Cotton]

All

I was young and stupid and got caught 25 years ago in Georgia. 2nd Degree Arson, never tried, deferred adjudication and finally discharged under Georgia's First Offender Act - been straight as an arrow for the last 25 years. Nothing on my record and I can legally vote and own a firearm. However, every time I go to purchase one, the NICS check is delayed and usually after the 3 days or so, I am called to pick up the firearm.

In the past, I considered getting my CHL but figured I was immediately ineligible due to the fact that Texas treats deferred adjudication as a conviction for CHL purposes. However, after researching further, I think that statute only excludes certain infractions forever and others are eligible for CHL after 10 years. I do not think that arson is one of the forever banned infractions and it has been 25 years so I should be able to get my CHL, yes?

I called the Texas DPS and they were pretty non-committal. I don't want to go through the expense and time for CHL training if it is ultimately going to be denied. Any feedback?

Also knowing the issue above, is there any thing I need to answer on the application specifically around this? What documentation do I need to provide, if any?

Thanks

Welcome to the Forum.

Based upon this information, you are eligible. The life-time prohibitions on felony deferred adjudications are for Title 5 - Offenses Against the Person and Chp. 29 - Robbery. Arson falls under Chp. 28

Chas.

[Tazman]

Thanks Mr. Cotton.

Do you know what information, if any, I need to supply with my CHL application?

[Charles L. Cotton]

Thanks Mr. Cotton.

Do you know what information, if any, I need to supply with my CHL application?

You will have to upload what we call "disposition documents" showing the charge, the fact that it was a deferred adjudication, and that you completed the terms of the plea agreement. The charging documents, the order placing you on deferred adjudication and the final order dismissing you from community supervision are what we typically see in Texas. I don't know about Georgia.

Chas.