Cases on Effect of Conviction
on Obtaining CHL in Texas
by Donald Ray Burger
Attorney at Law
The concealed handgun license (CHL) statute prohibits the granting of a CHL to someone "convicted" of a felony. Several cases have interpreted this prohibition. I have listed some of the more important cases below, with a short summary of the important point of the case on this issue. To read my fuller analysis of the case, click the name of the case.
Tune v. Texas Department of Public Safety 23 S.W.3d 358 (Tex. 2000).
Holding of Case: The Handgun Act's definition of "conviction" means that even if a felony conviction is "erased" by a judge after successful completion of probation, the DPS can still deny the application for a CHL.
Texas Department of Public Safety v. McLendon 35 S.W.3d 632 (Tex. 2000).
Holding of Case: Texas Supreme Court ruling in Tune v. Texas Dept. of Public Safety, 23 S.W. 3d 358 (Texas 2000), applies even if convicted person is granted a new trial and case against him is dismissed after probation was completed.
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