Legal Question in Military Law in Texas

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


Asked on 10/29/07, 7:23 pm

3 Answers from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Felony or Misdemeanor???

John, I'm not sure where in Texas you're at, but I handled the exact same issue in California a few years ago and prevailed. Contact me privately and I'll give you the name/phone # of a good friend of mine in Houston, USMCR, 0-6 (ret) who handles military cases and can help you out here. The military does not designate crimes as misdemeanors or felonies - rather they are all "offenses."

Good luck,

Don Rehkopf, LtCol, USAFR (ret)

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Answered on 10/29/07, 7:44 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Felony or Misdemeanor???

If your current fitness is what is at issue, your retirement at E8 ought to be important to the court.

The general concensus among courts is that while a general court martial for such an offense would be a felony, a Sp CM or Summary CM would not be precisely because they cannot imprison for more than one year.

From a legal perspective you are in good shape. You should apply for the permit, get the denial, and then petition for the appeal so as to permit the court to decide the issue. I have some law journal material that may be of help to you if you email me off line.

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Answered on 10/29/07, 7:53 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

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]).

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Answered on 10/30/07, 9:59 am


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