New here, general question

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Fry86
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New here, general question

Post by Fry86 »

Hey yall, Im new here, but not to Texas, guns, or the CHL world. But I have a question. In (I believe 09) I was convicted of a class B misdemeanor, the exact charge was theft over 50 under 500. Long story but I took the fall for my at the time current gf. Now here is my question, I was looking all over the web today after I bought a new pistol to see if the law has changed. I took the class in 09 as well with said gf, but never got to send my paperwork in and I knew that the law says something about 5 years after the date of your probation was completed, I completed in late 11 I again, I think. But in my reading tonight, I have wondered if I am eligible. Here is the site that is confusing me http://www.texasselfdefense.org/chleligibility.htm" onclick="window.open(this.href);return false; Any help would be greatly appreciated. I really want a CHL and will do what I can to get one. Thank you in advance.
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C-dub
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Re: New here, general question

Post by C-dub »

Welcome to the forum.

I'm not one of the better legal eagles around here, but I don't think you are eligible yet. #8 there seems to make that pretty clear. Plus, that 5 year clock will start at the end or completion of whatever sentence that was handed down. And just as a side note, I think #1 is no longer correct.
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RoyGBiv
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Re: New here, general question

Post by RoyGBiv »

5 years from date the CONVICTION was entered against you.
GC §411.172. ELIGIBILITY.
(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;
What was the exact date of your conviction?
Forget about probation dates.

I am not a lawyer. This is not legal advice, just my opinion.
I am not a lawyer. This is NOT legal advice.!
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Fry86
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Re: New here, general question

Post by Fry86 »

From what I found online it looks like june of 09
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RoyGBiv
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Re: New here, general question

Post by RoyGBiv »

Fry86 wrote:From what I found online it looks like june of 09
So, you should be eligible again June '14.

Might want to double check me on that... but I believe it's based on conviction date.
I am not a lawyer. This is NOT legal advice.!
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Jumping Frog
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Re: New here, general question

Post by Jumping Frog »

Yep, conviction date. Eligible June 2014.
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C-dub
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Re: New here, general question

Post by C-dub »

I had a feeling I was going to get something wrong. Didn't know it was going to be that one. Why is it the conviction date for something like this and then after the completion of the sentence for others? It is, right?
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
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RoyGBiv
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Re: New here, general question

Post by RoyGBiv »

C-dub wrote:I had a feeling I was going to get something wrong. Didn't know it was going to be that one. Why is it the conviction date for something like this and then after the completion of the sentence for others? It is, right?
No... not that I'm aware of...
To my recollection, eligibility following misdemeanors is always based on conviction date.

There are exceptions for things like patterns of substance abuse and domestic violence, but for a one-time misdemeanor that's not DV-related, I believe it's always based on conviction date... If I'm wrong, somebody will be along shortly to correct me. ;-)
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Fry86
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Re: New here, general question

Post by Fry86 »

RoyGBiv wrote:
C-dub wrote:I had a feeling I was going to get something wrong. Didn't know it was going to be that one. Why is it the conviction date for something like this and then after the completion of the sentence for others? It is, right?
No... not that I'm aware of...
To my recollection, eligibility following misdemeanors is always based on conviction date.

There are exceptions for things like patterns of substance abuse and domestic violence, but for a one-time misdemeanor that's not DV-related, I believe it's always based on conviction date... If I'm wrong, somebody will be along shortly to correct me. ;-)
Thank you.
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nightmare
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Re: New here, general question

Post by nightmare »

Maybe the confusion comes into play when adjudication is deferred.
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