Texas Department of Public Safety v. Loeb

I respectfully dissent from the majority’s understanding of the interaction between the Federal Youth Corrections Act (the Act)1 and the Texas statute licensing concealed handguns. The majority ignores the federal mandate that a conviction of a youthful offender who successfully complies with the terms of the Act is “set aside” for all pmposes except to enhance punishment in the event of the youth’s recidivism. I would affirm the decisions of the county court at law and the justice court and grant Mr. Loeb’s application for a concealed handgun license.

ANALYSIS

A person who has been convicted…