Yet ANOTHER eligibility question

[eflyerman]

I've been reading the forums for hours but I haven't found a definitive answer to my specific question. I did contact a clerk at DPS that returned my call in only 6 weeks. She proceeded to tell me that I was not eligible but could not tell me why. She told be because of the "Brady bill". "You should research it online."

I was divorced in 1996 and gained custody of my children in 1999. In 2004, my ex-wife showed up at my home obviously incoherent, stumbling, mumbling and ranting about wanting to pick my children up for visitation. I told her I wouldn't let the kids go with her in that condition. After a short verbal exchange, she stormed off and tripped over the sidewalk and fell into my gas lamp and landed in the rose bushes. After several tries, she managed to stand up and stumble to her car. Seven hours later, the sheriff department arrived and arrested me for assault. She showed them bruises and scratches and claimed I had hit and kicked her.

Fast forward. I adamantly proclaimed my innocence but my attorney convinced me to plead Nolo Contendere to a charge of simple assault WITHOUT the family violence enhancement, a class C misdemeanor. Since a jury trial would have cost +20K and the DA offer was 200.00 + court fees and my attorney assured me this was "Just like a speeding ticket", I took the deal. This was absolutely the second worst decision I have ever made in my life.

Despite never having been in trouble before or since the incident almost 10 years ago, I have since lost two job offers and now getting a CHL is in question. I was never "convicted" of assault. Nolo Contendere is not an admission of guilt. The plea was to simple assault, not family violence. It seems that just being arrested is enough to disqualify you for a CHL and certain jobs.

Does anyone out there know if I should believe the clerk or go ahead and apply for a license? Can I check eligibility before completing the training, range and fingerprints checklist?

Sorry to beat a dead horse.

Thanks
Ed

[WildBill]

I've been reading the forums for hours but I haven't found a definitive answer to my specific question. I did contact a clerk at DPS that returned my call in only 6 weeks. She proceeded to tell me that I was not eligible but could not tell me why. She told be because of the "Brady bill". "You should research it online."

I was divorced in 1996 and gained custody of my children in 1999. In 2004, my ex-wife showed up at my home obviously incoherent, stumbling, mumbling and ranting about wanting to pick my children up for visitation. I told her I wouldn't let the kids go with her in that condition. After a short verbal exchange, she stormed off and tripped over the sidewalk and fell into my gas lamp and landed in the rose bushes. After several tries, she managed to stand up and stumble to her car. Seven hours later, the sheriff department arrived and arrested me for assault. She showed them bruises and scratches and claimed I had hit and kicked her.

Fast forward. I adamantly proclaimed my innocence but my attorney convinced me to plead Nolo Contendere to a charge of simple assault WITHOUT the family violence enhancement, a class C misdemeanor. Since a jury trial would have cost +20K and the DA offer was 200.00 + court fees and my attorney assured me this was "Just like a speeding ticket", I took the deal. This was absolutely the second worst decision I have ever made in my life.

Despite never having been in trouble before or since the incident almost 10 years ago, I have since lost two job offers and now getting a CHL is in question. I was never "convicted" of assault. Nolo Contendere is not an admission of guilt. The plea was to simple assault, not family violence. It seems that just being arrested is enough to disqualify you for a CHL and certain jobs.

Does anyone out there know if I should believe the clerk or go ahead and apply for a license? Can I check eligibility before completing the training, range and fingerprints checklist?

Sorry to beat a dead horse.

Thanks
Ed

Welcome to the forum eflyerman.

Sorry, but yes it is.

[Beiruty]

You need to contact a lawyer and work on expunging and/or clearing your record. Most likely you signed on a plea deal for simple assault (touching) a family member which under current law it is a disqualification.

[eflyerman]

Nolo Contendere pleas specifically do not admit guilt. Unfortunately, they also cannot be expunged.

I have a copy of the judgement (link below) that specifically says the family member enhancement was withdrawn.

https://drive.google.com/file/d/0Bz8K5j ... sp=sharing

[WildBill]

You need to contact a lawyer and work on expunging and/or clearing your record. Most likely you signed on a plea deal for simple assault (touching) a family member which under current law it is a disqualification.

[Beiruty]

Nolo Contendere pleas specifically do not admit guilt. Unfortunately, they also cannot be expunged.

I have a copy of the judgement (link below) that specifically says the family member enhancement was withdrawn.

https://drive.google.com/file/d/0Bz8K5j ... sp=sharing

Then, if it's simple class-c conviction, file an appeal with DPS if they refused your application for a CHL.

[gringo pistolero]

I don't think he can appeal without first applying and being denied.

[Beiruty]

I don't think he can appeal without first applying and being denied.

Exactly what I meant.

[jbarn]

I've been reading the forums for hours but I haven't found a definitive answer to my specific question. I did contact a clerk at DPS that returned my call in only 6 weeks. She proceeded to tell me that I was not eligible but could not tell me why. She told be because of the "Brady bill". "You should research it online."

I plead Nolo Contendere to a charge of simple assault WITHOUT the family violence enhancement, a class C misdemeanor.

Despite never having been in trouble before or since the incident almost 10 years ago, I have since lost two job offers and now getting a CHL is in question. I was never "convicted" of assault. Nolo Contendere is not an admission of guilt. The plea was to simple assault, not family violence. It seems that just being arrested is enough to disqualify you for a CHL and certain jobs.

Does anyone out there know if I should believe the clerk or go ahead and apply for a license? Can I check eligibility before completing the training, range and fingerprints checklist?

Sorry to beat a dead horse.

Thanks
Ed

Nolo Contendere may not be an admission, but the result is a conviction or deferred.

Do you know what the actual charge looks like on your record? Have you checked with the County/District's clerk in the county it was prosecuted? If it does not show the enhancement and it is a class B or A, then you are eligible 5 years after the date of conviction. If it is a class C assault then you are eligible today, minus any other prohibited items.

You have to fully apply and wait for a response from DPS. I fact, the clerk should not have told you that you were ineligible.

[eflyerman]

Do you know what the actual charge looks like on your record? Have you checked with the County/District's clerk in the county it was prosecuted? If it does not show the enhancement and it is a class B or A, then you are eligible 5 years after the date of conviction. If it is a class C assault then you are eligible today, minus any other prohibited items.
- jbarn

I posted a link above to the judgement entered by the court. It is pretty specific, Class C misdemeanor for Assault + "abandon family enhancement". That is my first and only personal involvement with any LEA.

Thanks for all the comments. Based upon the comments here, I will start my application tonight and be prepared to appeal a rejection. I'll post my results here once I find out in case it helps anyone else.

Thanks again,
E

[infoman]

You do not qualify.

[Beiruty]

You do not qualify.

Maybe not, as this class-c could be a simple assault against a non-family person. It would be very strange that one loses his CHL forever for just $200 fine.

[jbarn]

You do not qualify.

Based on the informatiin in this thread, he certainly does.

[srothstein]

I am not sure either way on this. I tend to think he is qualified, but the victim of the offense mentioned makes a difference to me. I have always been told that the actual relationship to the victim was the deciding factor on whether or not the assault was family violence or not. This was in specific reference to the conviction. But, the federal law (18 USC 921 (a) (33)) he has not been convicted of a crime of domestic violence. By abandoning the DV enhancement, he was convicted of simple assault. The federal law says that if an element of the offense includes domestic violence, it applies. The elements of assault do not include any part that mentions domestic violence.

The Government Code makes no mention of class C assault as a disqualifier. It does say he must be fully eligible to buy a handgun under federal law.

The way I read the law, he should be eligible but I am not sure if DPS would agree with me or go by the first part I mentioned (determining if family violence was involved based on the victim relationship and not the elements of the offense).

I strongly recommend getting with an attorney for legal advice instead of us. I don't trust my reading of the law as good enough in this case.

[Beiruty]

If he can pass NICS, he can get his CHL, as the domestic-violence conviction should show up on NICS check and it would disqualify him from buying a firearm.