CHL's and felony charges?

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Gambit
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Re: CHL's and felony charges?

#31

Post by Gambit »

bayouhazard wrote:Actions have consequences.

Felonious actions can have some serious long term consequence.
yeah witty one liners like that makes sense when your 40 but at 19 that doesnt really sink in... It was a College prank if it had happend to afriends apartment it would have been all fun and games.

Jeez. I hope you hardliners never make mistakes. What I did was not intent to steal or burglarize it was a prank. I am very ashamed of the charges now you see; I dont drink alchohol, I dont gamble I dont Speed, i dont even curse.

Sorry OP I didnt mean to take your post off course. I will now bow out of the thread.
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Re: CHL's and felony charges?

#32

Post by Crossfire »

You all need to understand the common misconception that "burglary of a habitation" means breaking in and stealing property. This is not always the case.

Any uninvited entry can result in "burglary of habitation" charges. Such as... 17 year old boy crawls in through girlfriend's bedroom window. She may have even invited him in, but did not have the authority to do so. Dad discovers boyfriend, and the stuff hits the fan. Burglary of a habitation.
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Re: CHL's and felony charges?

#33

Post by Hoosier Daddy »

Gambit wrote:Jeez. I hope you hardliners never make mistakes.
I have made many mistakes. I guess the difference is, as an adult, I'm mature enough to deal with the consequences of my mistakes. There have been many discussions about traffic stops in this forum, and invariably someone says you shouldn't speed if you don't want to get a ticket. I have to admit that's a fair statement. I think it's as fair, or maybe more fair, to make a similar statement when we're talking about assault or B&E instead of driving 110% of the number on a sign.
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urnoodle
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Re: CHL's and felony charges?

#34

Post by urnoodle »

17 year old boy crawls in through girlfriend's bedroom window. She may have even invited him in, but did not have the authority to do so. Dad discovers boyfriend
I'm not a lawyer but I would think this type of situation would fall under Criminal Trespass which is a Class B midemeanor, or class A if the boyfriend had a deadly weapon on his person.

I have a dear friend who was convicted of a non-violent felony when he was 18 years old over 21 years ago. The consequences for which will stay with him until the day he dies. For the past 17 years, he's been a youth pastor, he speaks at schools about crime and drugs. He is the first to volunteer for any community work. He is not the same person he was 21 years ago, anyone can clearly see that. Every day he is trying to repay a self-imposed debt to society (his time served ended nearly 19 years ago). He takes full accountability for his actions. I've heard him say many times "I had a shot at doing it right but I made a conscious decision to do it wrong therefore I must live with the consequences of that decision." He's not embarassed about his conviction and neither are his friends. It made him the man he is today. I would trust him with my most prized possessions including my life and my family's lives. So I believe even a convicted felon can become a great contributor to society but his/her contributions do not erase the transgression. He'd be the first to agree with me.
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Re: CHL's and felony charges?

#35

Post by Gambit »

urnoodle wrote:
17 year old boy crawls in through girlfriend's bedroom window. She may have even invited him in, but did not have the authority to do so. Dad discovers boyfriend
I'm not a lawyer but I would think this type of situation would fall under Criminal Trespass which is a Class B midemeanor, or class A if the boyfriend had a deadly weapon on his person.

I have a dear friend who was convicted of a non-violent felony when he was 18 years old over 21 years ago. The consequences for which will stay with him until the day he dies. For the past 17 years, he's been a youth pastor, he speaks at schools about crime and drugs. He is the first to volunteer for any community work. He is not the same person he was 21 years ago, anyone can clearly see that. Every day he is trying to repay a self-imposed debt to society (his time served ended nearly 19 years ago). He takes full accountability for his actions. I've heard him say many times "I had a shot at doing it right but I made a conscious decision to do it wrong therefore I must live with the consequences of that decision." He's not embarassed about his conviction and neither are his friends. It made him the man he is today. I would trust him with my most prized possessions including my life and my family's lives. So I believe even a convicted felon can become a great contributor to society but his/her contributions do not erase the transgression. He'd be the first to agree with me.
You see its not what you think someone should be charged with; its what the DA/Police officer decides to charge you with while atempting to make the charges stick.

Some would do it for justice while others will do it to further thier careers. Im not making excuses but like "hoosierdaddy" posted above alot of people feel that I have my just deserts which i did. I deal with this everyday when I wake up. Its like carrying a dead rotting dog around. Im just ready to bury it.

Dont you see when someone hears "burglary of habitation" what negative connotations comes with that? How can I NOT be ashamed of that? How many here read the situation im in and raise an eybrow at me? How many here judged me just because of the negative connotation? Yet no one here KNOWS me. That is the world we live in Such as life .

I enjoy anonimity behind my keyboard but in life that skeleton is a dark place in my life. That experience was a dark chapter in my life and im still paying for it. Trust me when I say that I deal with it as a mature adult every single day. It has made me a stout non believer in humanity and my idealistic beliefs has wained, i dont trust people like i used to anymore and im not as naive.

Who I am today is a far cry from the person I was 20 something odd years ago. I still dont believe that I do not deserve the right to defend myself. Should I be thrown to the wolfs and the real hardend criminals for a prank almost 2 decades ago? Should as some of you would have me just carry pepper spray? Should I be burned at the stake in as an example for the others who may stray?

ETA : Make no mistake I know what I did was wrong; and thank you to those that believe there is some redemption in a person.

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Re: CHL's and felony charges?

#36

Post by dbox »

Gambit wrote:
dbox wrote:Gambit - I have the exact charge as you and my CHL wasn't revoked. It does expire on my birthday next year so i assume I'm screwed after that....just wondering why yours was revoked after being issued?
Dbox,

I was renewing my Lincense and it brought this added clause (changed in 2009) to thier attention. So If you have a CHL now you will be required to reapply for the license this action brings it to their attention and they will then revoke your current license and deny your renewal.
At least thats what happend in my case.


Sorry for the bad news.
No worries... the law can always be changed back and I (like you) will apply for the Florida license and continue to carry.
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03Lightningrocks
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Re: CHL's and felony charges?

#37

Post by 03Lightningrocks »

In the summer of 1976 I found a group of running buddies that were less than desirable. The age range of our merry band of morons was from 15 through 18. Someone came up with a fun game called "garage hopping". Basicly, we would ride up and down the alleys looking for open garages. We would run into the garage, grab something and run back out to the car and drive away. They got caught one night when I was not with them. My parents had grounded me for stealing their car and driving it to Galveston. They tracked us down via the stolen credit card we used for gas! Lucky me...thank goodness I stole that car. Fate was on my side. My memory is faint on it, but I believe they were charged with burgulary of a habitation. I am not trying to "justify" criminal behavior. I am just pointing out that sometimes we do really dumb stuff as teens or young adults that we are not proud of. Many times the intent was not necessarily "evil". I was lucky I never managed a felony conviction and straightened out my act when I turned 18. Some folks are "goody two shoes" and never do anything wrong... not even speeding. Some do things wrong and realize they screwed up after getting caught. Some, like me, did wrong, get lucky and never get convicted. Having a felony conviction hanging around a persons neck for their entire life for a mistake made as a stupid teen is wrong...IMHO. I sure get humbled when folks assume being convicted of a crime makes someone a bad person for life. Many times the police charge a person with a crime that sounds much worse than what the person actually did. How about the 18 year old boy who is charged and labeled a sex offender for being caught with his 16 year old girl friend in a compromising situation? A two year difference in age means nothing if she is 17 but at 16 it matters??? He then spends his life explaining why he is a registered sex offender. Regardless of my opinion, it is what it is.
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Lambda Force
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Re: CHL's and felony charges?

#38

Post by Lambda Force »

03Lightningrocks wrote:How about the 18 year old boy who is charged and labeled a sex offender for being caught with his 16 year old girl friend in a compromising situation?
If you mean charged by the authorities and not her parents talking trash about him, it sounds like grounds for a false arrest lawsuit. PC 22.011.e.2
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Re: CHL's and felony charges?

#39

Post by srothstein »

03Lightningrocks wrote:How about the 18 year old boy who is charged and labeled a sex offender for being caught with his 16 year old girl friend in a compromising situation? A two year difference in age means nothing if she is 17 but at 16 it matters??? He then spends his life explaining why he is a registered sex offender. Regardless of my opinion, it is what it is.
This is a commonly cited example and might be valid in some states. But it is not valid in Texas, with the ages given. Texas law says it is a defense if the couple are within three years of age of each other, as long as they are over 15.

A real example would be the kids who are both 13 (no defense then and both can be charged) or the 15 year old with the 13 year old.
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03Lightningrocks
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Re: CHL's and felony charges?

#40

Post by 03Lightningrocks »

srothstein wrote:
03Lightningrocks wrote:How about the 18 year old boy who is charged and labeled a sex offender for being caught with his 16 year old girl friend in a compromising situation? A two year difference in age means nothing if she is 17 but at 16 it matters??? He then spends his life explaining why he is a registered sex offender. Regardless of my opinion, it is what it is.
This is a commonly cited example and might be valid in some states. But it is not valid in Texas, with the ages given. Texas law says it is a defense if the couple are within three years of age of each other, as long as they are over 15.

A real example would be the kids who are both 13 (no defense then and both can be charged) or the 15 year old with the 13 year old.
Thanks for the clarification. The company I own does criminal background checks on all of our new hires. We see the sex offender status and stop right there. I can't afford to take the risk when sending guys into peoples homes. I didn't mean to get us off on the technicallities of any particular crime, I was just trying to point out that sometimes people are charged with a crime that conjures up images far worse than what the crime actually was.

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Re: CHL's and felony charges?

#41

Post by JP171 »

srothstein wrote:
03Lightningrocks wrote:How about the 18 year old boy who is charged and labeled a sex offender for being caught with his 16 year old girl friend in a compromising situation? A two year difference in age means nothing if she is 17 but at 16 it matters??? He then spends his life explaining why he is a registered sex offender. Regardless of my opinion, it is what it is.
This is a commonly cited example and might be valid in some states. But it is not valid in Texas, with the ages given. Texas law says it is a defense if the couple are within three years of age of each other, as long as they are over 15.

A real example would be the kids who are both 13 (no defense then and both can be charged) or the 15 year old with the 13 year old.

SR, actually it is an affirmative defense to prosucution, the prosucution of the felony charge of statutory rape happens. convictions are infact returned and prison time and sex offender registration is required right here in good old texas. I know of a young man personally who was charged, tried, and convicted on this very charge in Harris County. The young lady's mother didn't like the young man, she waited till he was 18, 5 months older than the GF, mother put a hidden camera in the GF's room when she found evidence of the young man and the girl having sex she called the HPD and had the young man arrested, he was tried convicted and spent somthing like 18 months in prison and had register as a sex offender as well as a no contact order from the court. This conviction was bogus and the ruination of the young mans life is criminal, he can't get a good job nor CHL, he can't even vote.

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Re: CHL's and felony charges?

#42

Post by longbow »

Gambit wrote:
CC Italian wrote:I think I am with gigag04 on this.
Disagree.

Burg of a hab, while not violent, definitely affects people. Youve been there when you take that report and the wife is too scared to even stay at the ransacked house.
It's defiantly not a victim-less crime in the mental sense! It's one thing if a non violent felon is allowed to own a gun in his home after a certain amount of time. All people should be able to protect themselves in their "castle" (except violent criminals, they have lost their right to own a firearm) but to allow a convicted felon to get a CHL is a little much for me reformed or not.

Carrying around a firearm on your person is a huge responsibility! Let me put it this way; I know it isn't exactly the same thing but would you want a non violent reformed felon to be allowed to become a law enforcement officer and carry a weapon? Heck, you can lose your state teaching license for getting a first offense DWI for ten years!

My point is I think a CHL should be held to the same standard as a LEO when it comes to criminal record. I might get blasted for this by others but it is my opinion but then again you know what they say about opinions. Owning a firearm in your home to me is very different then being allowed to carry a loaded weapon almost everywhere you want, you must have a good track record!
You have a right to your opinions and I respect that. Laws however are absolute and we as humans should not deal in absolutes. There exceptions to every rule and rules for every exception.

What makes you as an individual have more rights than I; to protect your family?

I made a mistake in college egged on by friends, in my youthful stupidity, I made a seriously bad judgment call. I believe the Judge saw the same and granted me deferred adjudication and saw fit to not only grant me with early dismissal from probation; but also granted me an order of nondisclosure.

I believe I have paid my debt to society. I pay more than my fair share of taxes and contribute to society in a productive way. I have not had so much as a speeding ticket since then. The friend’s father house that I broke into forgave me. But the wheels of justice were in motion.
For you to say that your spotless record entitles you to more protection from real hardend criminals than I is a hard pill to swallow. This mentality is along the lines of anti-gun/ anti-CHL congressmen that have CHL’s and carry guns.
http://www.usacarry.com/forums/politics ... ruder.html" onclick="window.open(this.href);return false;
http://www.foxnews.com/story/0,2933,288737,00.html" onclick="window.open(this.href);return false;

After all Laws are absolute, written by men that are felons themselves, Joe Driver (Now a FELON), in this case co-wrote the 30.02 addition I don’t have the Bill number now Irony at its finest.
What gives people like "him" more rights than you is the mere fact that having been where you were, "he" chose not to make the decisions you made. Your logic is similar to that of the 99%, why should some be rich while others are not? Because some people made better choices.

We have ALL faced pier pressure, and as wonderful as it is that you have been able to lead a fulfilling and upright life, it does not change the fact that there are consequences for succumbing to that pier pressure.

The law is absolute, it must be to protect society and deter wrong doing. From your own post, we can see that the law was very lenient and understanding with your case, it made what appears to be a sincere effort to lessen your penalty. You cannot infringe on another human beings basic rights and expect society not to punish you in the same manner.

I am writing this a person who has been a victim of both a home burglary and two vehicle thefts. No perpetrators were ever caught and none of my family's irreplaceable treasures were recovered. If I could punish the thieves I assure you they would receive far worse than a spot on their records. It is unacceptable to see your family scared to live in their own home and I hope that none of you ever have to experience that type of event.

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Re: CHL's and felony charges?

#43

Post by Gambit »

longbow wrote:
Gambit wrote:
CC Italian wrote:I think I am with gigag04 on this.
Disagree.

Burg of a hab, while not violent, definitely affects people. Youve been there when you take that report and the wife is too scared to even stay at the ransacked house.
It's defiantly not a victim-less crime in the mental sense! It's one thing if a non violent felon is allowed to own a gun in his home after a certain amount of time. All people should be able to protect themselves in their "castle" (except violent criminals, they have lost their right to own a firearm) but to allow a convicted felon to get a CHL is a little much for me reformed or not.

Carrying around a firearm on your person is a huge responsibility! Let me put it this way; I know it isn't exactly the same thing but would you want a non violent reformed felon to be allowed to become a law enforcement officer and carry a weapon? Heck, you can lose your state teaching license for getting a first offense DWI for ten years!

My point is I think a CHL should be held to the same standard as a LEO when it comes to criminal record. I might get blasted for this by others but it is my opinion but then again you know what they say about opinions. Owning a firearm in your home to me is very different then being allowed to carry a loaded weapon almost everywhere you want, you must have a good track record!
You have a right to your opinions and I respect that. Laws however are absolute and we as humans should not deal in absolutes. There exceptions to every rule and rules for every exception.

What makes you as an individual have more rights than I; to protect your family?

I made a mistake in college egged on by friends, in my youthful stupidity, I made a seriously bad judgment call. I believe the Judge saw the same and granted me deferred adjudication and saw fit to not only grant me with early dismissal from probation; but also granted me an order of nondisclosure.

I believe I have paid my debt to society. I pay more than my fair share of taxes and contribute to society in a productive way. I have not had so much as a speeding ticket since then. The friend’s father house that I broke into forgave me. But the wheels of justice were in motion.
For you to say that your spotless record entitles you to more protection from real hardend criminals than I is a hard pill to swallow. This mentality is along the lines of anti-gun/ anti-CHL congressmen that have CHL’s and carry guns.
http://www.usacarry.com/forums/politics ... ruder.html" onclick="window.open(this.href);return false;
http://www.foxnews.com/story/0,2933,288737,00.html" onclick="window.open(this.href);return false;

After all Laws are absolute, written by men that are felons themselves, Joe Driver (Now a FELON), in this case co-wrote the 30.02 addition I don’t have the Bill number now Irony at its finest.
What gives people like "him" more rights than you is the mere fact that having been where you were, "he" chose not to make the decisions you made. Your logic is similar to that of the 99%, why should some be rich while others are not? Because some people made better choices.

We have ALL faced pier pressure, and as wonderful as it is that you have been able to lead a fulfilling and upright life, it does not change the fact that there are consequences for succumbing to that pier pressure.

The law is absolute, it must be to protect society and deter wrong doing. From your own post, we can see that the law was very lenient and understanding with your case, it made what appears to be a sincere effort to lessen your penalty. You cannot infringe on another human beings basic rights and expect society not to punish you in the same manner.

I am writing this a person who has been a victim of both a home burglary and two vehicle thefts. No perpetrators were ever caught and none of my family's irreplaceable treasures were recovered. If I could punish the thieves I assure you they would receive far worse than a spot on their records. It is unacceptable to see your family scared to live in their own home and I hope that none of you ever have to experience that type of event.

Im sorry you and your family had to go through that, I truely am. I am not defending true crooks criminals or the like Im merely making a statement that some individuals do not deserve to reap the "absolute" hardline repercussions of law written, by ordinary people, that project a holier than thou airs sitting on thier high horse to judge others; all the while being human themselves (like politicians).

Thank you for your subjective and bias opinion. It proves my point in the post after that. You are human and that is why I carry this dead dog.

I hope you or your family never goes through what you went through again but if it does I hope you are there to protect them from it. And I hope you can see what Im trying to say.

This logic is far from the 99%. Economical "equality" Is a far cry from this. I believe that you work for what you have. Hence the stigma of a "burglury of habitation" charge weighs on me so heavily. I am not a thief.

The inalienable right to protect my loved ones should be above your views of morality. My family comes before your opinion. There is no absolute phylosophical (sp?) line in the sand that says im a bad guy and should be lumped in with the rapist, murderers and violent robbers out there nor should I not be able to defend myself or family from them. There are true animals and predators out there that you should be more afraid of trust me on that.

Some day we may meet in person and I assure you that you may even like me and would not even know about my skeleton in the closet. Someday I may be able to help protect you and your family from those true monsters; Hopefully with something more than a can of pepper spray.

ETA: What information in my posts did you gather that you would lump me in with hippie communists? :shock:

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Re: CHL's and felony charges?

#44

Post by longbow »

Gambit,

I was going to sit down here and write a very long response to your last reply but I'm going to try not to do that. Basically, I definitely see your frustration and I agree that the law is not fair. If I was in your situation I'm sure I would feel the same way.

You and I are not going to agree about this, we are both looking at this issue from highly personal perspectives. It would be great if the government offered a way for law abiding citizens to expunge their record after a time but it does not and until it does, I am not in favor of people who have a criminal record of any kind carrying chls (I'm not trying to single you out, the op's father should not carry).

But hey, that's just my opinion, mileage may vary.

I wish you the very best!
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Re: CHL's and felony charges?

#45

Post by tbrown »

longbow wrote:I am writing this a person who has been a victim of both a home burglary and two vehicle thefts. No perpetrators were ever caught and none of my family's irreplaceable treasures were recovered. If I could punish the thieves I assure you they would receive far worse than a spot on their records. It is unacceptable to see your family scared to live in their own home and I hope that none of you ever have to experience that type of event.
:iagree:

The young widow in Oklahoma who shot and killed the home invader recently is a perfect example. In a follow up interview she says she doesn't feel safe in her own home now, worrying when the next person will kick down her door in the middle of the night.
sent to you from my safe space in the hill country
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