Multiple DUIs - problem for a new LTC?

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Vol Texan
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Multiple DUIs - problem for a new LTC?

#1

Post by Vol Texan »

After my LTC class this weekend, I was contacted by one of my students to ask about multiple DUIs.
Approximately 30 years ago, he had three of them - no problems since then. He believes the final one, since it was a 'third strike' was listed as a felony.

Any guidance I can give him on how to proceed? I welcome input from any of y'all legal experts or long-time instructors.
Your best option for personal security is a lifelong commitment to avoidance, deterrence, and de-escalation.
When those fail, aim for center mass.

www.HoustonLTC.com Texas LTC Instructor | www.Texas3006.com Moderator | Tennessee Squire | Armored Cavalry
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ScottDLS
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Re: Multiple DUIs - problem for a new LTC?

#2

Post by ScottDLS »

Vol Texan wrote: Wed Aug 05, 2020 1:48 pm After my LTC class this weekend, I was contacted by one of my students to ask about multiple DUIs.
Approximately 30 years ago, he had three of them - no problems since then. He believes the final one, since it was a 'third strike' was listed as a felony.

Any guidance I can give him on how to proceed? I welcome input from any of y'all legal experts or long-time instructors.
Is he able to purchase a firearm with a NICS check? If the third one was a felony, unless he was given deferred adjudication or got it expunged, he is prohibited federally from possessing a firearm, much less getting a LTC. Also, on the NICS check, even if he passed one, if he really has a felony record, then he's committing another one by buying a gun.I would recommend he contact the court in which he was convicted of the last DUI to find out the level of the offense.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

parabelum
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Re: Multiple DUIs - problem for a new LTC?

#3

Post by parabelum »

If the felony charge was more then 7 years ago, doesn’t that wash? Or is it a lifetime ordeal?

I know...I’ve added no value to the question "rlol"
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ScottDLS
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Re: Multiple DUIs - problem for a new LTC?

#4

Post by ScottDLS »

parabelum wrote: Wed Aug 05, 2020 2:45 pm If the felony charge was more then 7 years ago, doesn’t that wash? Or is it a lifetime ordeal?

I know...I’ve added no value to the question "rlol"
Federally a felony conviction is a lifetime bar to possession of firearms...unless it is pardoned, expunged, or otherwise set aside.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
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Re: Multiple DUIs - problem for a new LTC?

#5

Post by Vol Texan »

He told me that he DID pass a background check within the last month or so.
Your best option for personal security is a lifelong commitment to avoidance, deterrence, and de-escalation.
When those fail, aim for center mass.

www.HoustonLTC.com Texas LTC Instructor | www.Texas3006.com Moderator | Tennessee Squire | Armored Cavalry

mrvmax
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Re: Multiple DUIs - problem for a new LTC?

#6

Post by mrvmax »

If he’s buying firearms and “thinks” he had a felony I’d suggest he find out for sure before he buys any more.
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RoyGBiv
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Re: Multiple DUIs - problem for a new LTC?

#7

Post by RoyGBiv »

Form 4473, Q21c
Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
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