Felony or Misdemeanor???
Back in 1988, I was convicted during a special court martial of larceny and obstruction. I received a sentence of 5-months confinement, reduction to E-4 and a fine. I wasn't given a BCD, learned a tough lesson, and went on to serve another 15-years retiring honorably in 2003 at the rank of SMSgt/E-8.
Anyway, I'm considering applying for a Texas Concealed Handgun License (CHL). For obvious reasons, felony convictions disqualify one from receiving a CHL in Texas. However, misdemeanor convictions greater than 5-years old do not disqualify an individual from receiving a Texas CHL; unless they are for domestic violence.
I would like some feedback on whether you think Texas will equate my conviction to a felony or misdemeanor???
Everyone tells me a SPCM equates to a misdemeanor. Especially in 1988, one could only receive a 6-month confinement sentence.
Texas DPS has told me they will deny my application leaving me to prove this to an appeals judge.
Your thoughts?
John
Re: Felony or Misdemeanor???
John, having served my time in the Navy's JAG Corps, I would have to disagree with the prior response. Summary and Special Courts Martials are equivocal to misdemeanors; whereas, General Courts Martial are equivocal to felonies. The basis for this is derived in the maximum confinement sentences that can be imposed by the specific Courts Martial. A Special Courts Martial in 1988 would have a maximum confinement period of six months. I would submit the application and see if DPS actually denies the application. If DPS actually denies the application, then file the appeal. If you need assistance with this legal matter or any other legal issue, please contact my legal assistant Jennifer ([email protected]).
Re: Felony or Misdemeanor???
John, having served my time in the Navy's JAG Corps, I would have to disagree with the prior response. Summary and Special Courts Martials are equivocal to misdemeanors; whereas, General Courts Martial are equivocal to felonies. The basis for this is derived in the maximum confinement sentences that can be imposed by the specific Courts Martial. A Special Courts Martial in 1988 would have a maximum confinement period of six months. I would submit the application and see if DPS actually denies the application. If DPS actually denies the application, then file the appeal. If you need assistance with this legal matter or any other legal issue, please contact my legal assistant Jennifer ([email protected]).
Re: Felony or Misdemeanor???
John, having served my time in the Navy's JAG Corps, I would have to disagree with the prior response. Summary and Special Courts Martials are equivocal to misdemeanors; whereas, General Courts Martial are equivocal to felonies. The basis for this is derived in the maximum confinement sentences that can be imposed by the specific Courts Martial. A Special Courts Martial in 1988 would have a maximum confinement period of six months. I would submit the application and see if DPS actually denies the application. If DPS actually denies the application, then file the appeal. If you need assistance with this legal matter or any other legal issue, please contact my legal assistant Jennifer ([email protected]).
