concealed handgun license and gun law in texas

[AErebia1]

What is the name of your state?
Texas

If my husband was convicted for a felony of assault in 1996 that was later deferred adjudication I understand he will never be able to get a CHL even if his record becomes nondisclosed**************.correct? Is there anyway to get by this? Also, since it was deferred even though he is not able to get a CHL can he still own guns and go shooting and hunting? I would appreciate any answers.

My husband was at a bar in 1996 and a guy kept talking mess to him. He let it go until he had enough. He called the guy a name and the guy started beating him up. He hit the guy over the head with his beer bottle. He was concerned so he waited for the police eventhough everyone told him to leave. The guy refused to press charges on my husband, but the state pressed charges. I wish my husband would have been smarter and hired a good attorney, but he says he was young, stupid, and poor. I did not know him at this time.

[FlyingRon]

Correct, no CHL if you were convicted of a crime against the person or robbery even if it was deferred adjudication unless you can get it pardoned or expunged.

You are right, the non-disclosed (or sealed) records will still get in the way of a CHL.
Expungments are rare in Texas.

[CavemanLawyer]

The short answer is that no he cannot get a concealed handgun license in Tx., but that he can still own and use any lawful firearm that he chooses.

You say that he received deferred adjudication. If he successfully completed his deferred probation than he was NOT convicted of anything under the laws of Texas. Look at Code of Criminal Procedure 42.12 Sec. 5. Once deferred probation is completed the proceedings are dismissed with no conviction. Under Texas law it is only unlawful to possess a firearm if you are convicted of a felony or certain other crimes not applicable here. Penal Code 46.04. Under Federal law, you must also be convicted and whether your offense counts as a conviction is governed by the laws of the State where charges were filed. 18 USCS 44 sec. 921 (20). So your husband is free to use firearms the same as any other person.

But he still cannot get a concealed handgun license because those laws define conviction differently. As FlyingRon noted, even a successful deferred counts as a conviction for this purpose if the crime was against a person. Government Code 411.171.

Here is a good collection of Texas gun control laws.
[url]http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf[/url]