Marijuana charge with a valid Chl

[D254]

In 2009 I was convicted of a class b poss Marijuana. At the time I had a valid Chl. I was never told to turn over my lic. And even received a renewel paper after it expired. Now that the 5 years has passed can I reapply ?

[joe817]

In 2009 I was convicted of a class b poss Marijuana. At the time I had a valid Chl. I was never told to turn over my lic. And even received a renewel paper after it expired. Now that the 5 years has passed can I reapply ?

What was your disposition of your conviction? You received a renewal letter AFTER your license expired??? Sorry but that don't make sense.

Really not enough information to give anywhere near an opinion, which isn't legal advice by any stretch of the imagination.

[D254]

It was in 09 when I recived a fine and had my driver lic. Suspended for 6 months I recived the renewl letter before my Chl was to expire but never sent it in due to the conviction.

[joe817]

Ok. Sorry, but I'm out of my league on this one. Check back in and I'm sure someone else can help you better than I.

[jmra]

Your best bet might be to call DPS and speak to them directly. Good luck, hopely you'll be good to go.

[Jumping Frog]

In 2009 I was convicted of a class b poss Marijuana. ... Now that the 5 years has passed can I reapply ?

First, it is clear that you were subject to revocation:

Sec. 411.186. REVOCATION. (a) The department shall revoke a license under this section if the license holder:
....
(3) subsequently becomes ineligible for a license under Section 411.172, ....

Since conviction of Class B misdemeanor falls under Sec. 411.172:

Sec. 411.172. ELIGIBILITY.
(a) A person is eligible for a license to carry a concealed 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;

You are very lucky that the license was not revoked. If it had been formally revoked, you would have had to wait an additional 2 years -- 7 years total -- instead of just 5 years.

Sec. 411.186. REVOCATION.(c) A license holder whose license is revoked for a reason listed in Subsections (a)(1)-(5) may reapply as a new applicant for the issuance of a license under this subchapter after the second anniversary of the date of the revocation if the cause for revocation does not exist on the date of the second anniversary. If the cause for revocation exists on the date of the second anniversary after the date of revocation, the license holder may not apply for a new license until the cause for revocation no longer exists and has not existed for a period of two years.

From your description, it appears your license was not formally revoked. A peace officer is supposed to prepare an affidavit documenting the reasons for revocation and that apparently did not happen.

If it was me, I would formally surrender the expired license now before you re-apply. If the license is surrendered before revocation, then the 2 year additional penalty does not apply. Just call DPS and say, I want to surrender my CHL, how do I do that?" I would avoid explaining why.

After my license was formally surrendered, then I would re-take the training and apply again.

Hope you've stepped away from that wacky tabaccy!

[D254]

My Chl expired in 2011 so is there a need still surrender? Also I may have jumped gun did class and online packet turned in in 21st last month hope I'm good

[GlockDude26]

another side effect of the "war on drugs"....

[Charles L. Cotton]

My Chl expired in 2011 so is there a need still surrender? Also I may have jumped gun did class and online packet turned in in 21st last month hope I'm good

Surrendering your CHL rather than having it revoked avoids the additional two years, as Jumping Frong indicated. Since yous expired without being revoked, then you should be fine. You have already applied for a new license and the "conviction" is over five years old, so that should not be a problem. Did you report the arrest/conviction? If not, that could be a problem. Did you provide disposition documents to DPS? If not, get them now because they are going to ask.

Welcome to the Forum.

Chas.

[ScottDLS]

another side effect of the "war on drugs"....

Guy I know was jammed up on two felonies for distribution of (crack) cocaine >2oz and aggravated assault (for stomping a rival dealer). He kept his CHL because the convictions were out of state and I guess Texas didn't see them. He wanted to renew, but CHL expired while he was still in prison. Maybe he can reapply when he gets out.

[A-R]

another side effect of the "war on drugs"....

Guy I know was jammed up on two felonies for distribution of (crack) cocaine >2oz and aggravated assault (for stomping a rival dealer). He kept his CHL because the convictions were out of state and I guess Texas didn't see them. He wanted to renew, but CHL expired while he was still in prison. Maybe he can reapply when he gets out.

If everything you wrote is true, your friend should never be allowed a CHL (or probably a gun period) again. Sorry to be harsh, but people who do such things simply should not enjoy certain rights and privileges.

[ScottDLS]

another side effect of the "war on drugs"....

Guy I know was jammed up on two felonies for distribution of (crack) cocaine >2oz and aggravated assault (for stomping a rival dealer). He kept his CHL because the convictions were out of state and I guess Texas didn't see them. He wanted to renew, but CHL expired while he was still in prison. Maybe he can reapply when he gets out.

If everything you wrote is true, your friend should never be allowed a CHL (or probably a gun period) again. Sorry to be harsh, but people who do such things simply should not enjoy certain rights and privileges.

Just another casualty of the war on drugs, man...

[o b juan]

"Guy I know was jammed up on two felonies for distribution of (crack) cocaine >2oz and aggravated assault (for stomping a rival dealer). He kept his CHL because the convictions were out of state and I guess Texas didn't see them. He wanted to renew, but CHL expired while he was still in prison. Maybe he can reapply when he gets out."

This must be a Joke "was it april fools day"

[A-R]

another side effect of the "war on drugs"....

Guy I know was jammed up on two felonies for distribution of (crack) cocaine >2oz and aggravated assault (for stomping a rival dealer). He kept his CHL because the convictions were out of state and I guess Texas didn't see them. He wanted to renew, but CHL expired while he was still in prison. Maybe he can reapply when he gets out.

If everything you wrote is true, your friend should never be allowed a CHL (or probably a gun period) again. Sorry to be harsh, but people who do such things simply should not enjoy certain rights and privileges.

Just another casualty of the war on drugs, man...

I sincerely hope you're joking.

[mojo84]

another side effect of the "war on drugs"....

Guy I know was jammed up on two felonies for distribution of (crack) cocaine >2oz and aggravated assault (for stomping a rival dealer). He kept his CHL because the convictions were out of state and I guess Texas didn't see them. He wanted to renew, but CHL expired while he was still in prison. Maybe he can reapply when he gets out.

If everything you wrote is true, your friend should never be allowed a CHL (or probably a gun period) again. Sorry to be harsh, but people who do such things simply should not enjoy certain rights and privileges.

Just another casualty of the war on drugs, man...

I sincerely hope you're joking.

Just another poor victim.