5 year Misdemeanor wait period?

[RDT806]

Can someone clarify something for me? I have a Class B that is 6 years old. According to the website you are eligible after 5 years. My question is, is it on a case by case basis or are you automatically eligible after that time? Just wanted some clarification before I spend money. And help would be greatly appreciated.

[Charles L. Cotton]

Can someone clarify something for me? I have a Class B that is 6 years old. According to the website you are eligible after 5 years. My question is, is it on a case by case basis or are you automatically eligible after that time? Just wanted some clarification before I spend money. And help would be greatly appreciated.

It is automatic. You are disqualified for 5 years from the date of the "conviction." There is an exception if the misdemeanor was for "family violence." If so, it's a permanent bar to possession of firearms, ammo or components pursuant to federal law. This disqualifies you from getting a CHL also.

Welcome to the Forum.
Chas.

[Keith B]

Welcome to the forum.

One additional caveat; if you had a CHL and it was suspended due to the misdemeanor, then it is 5+2 (7 total) after the disposition date.

You didn't indicate that was the case, so as Charles said, 5 years, but wanted you to be aware just in case.

[RDT806]

Ok thank you guys for the response. I did not have a CHL at the time. This will be my first. So i feel better now. I have one more question if you don't mind.

My wife got a Class C Assault on a Family Member 10 years ago. She has purchased firearms several times since then with no problem. Would this disqualify her from a CHL? She has had nothing since. And has since passed a background check for a Texas Registered Nurse license. Not that it matters I guess.

I would think it would keep her from even buying a firearm if it was an issue.

Thank you again for the help. I appreciate it.

[Jumping Frog]

My wife got a Class C Assault on a Family Member 10 years ago.

Answering questions about whether a conviction counts as domestic violence is entirely fact-specific and no one in these forums could begin to answer that question without getting highly detailed in understanding the facts.

It depends on the exact family relationship: some count as domestic violence and some do not. For example, a child would count. A sibling would not. Did your wife have legal counsel or knowingly waive legal counsel? Did your wife have a jury trial or knowingly waive a jury trial ? Was the use of force or the attempted use of force an element of the crime? Was there a threat with a deadly weapon? Was the family relationship flagged as part of the crime and thus entered into the court record?

I'd recommend reviewing the Misdemeanor Crime of Domestic Violence FAQ published by the BATF'ers as a starting point.

I would think it would keep her from even buying a firearm if it was an issue.

Nope, it is a common assumption and it is commonly wrong for a person to conclude that they must be legal to purchase a firearm because the NICS background check did not flag them. The error rates in that system are astronomical. Many disqualifying crimes at the state level are never reported to the FBI. Bottom line, the government requires that a person needs to know for him/herself if they are disqualified from possessing firearm/ammunition. The especially pernicious part is a person can float along for years assuming everything is OK. Now get involved in a self defense shooting that causes an investigator to start poking into a person's background. Now the disqualifying event comes to light and the person may find themselves cleared of the self defense shooting but still charged with possessing weapons under disability.

[RDT806]

Ok thank you guys again. Basically the story is her ex husband grabbed her by the hair and she slapped him. Then she called the cops. I guess he was more convincing and she was arrested. She was released within a few hours. She paid a fine just like a ticket and that was it. The arresting officers told her it was the equivalent of a speeding ticket but they arrested her basically because someone had to be removed from the situation.

But I guess we will have to do some more research before we proceed just to be sure. I'd hate to pay all of the money even though she gets a veterans discount just to find out she was disqualified from the start. Again thank you all for all of the info. I will proceed with my application and pray it isn't a long wait. I've hear some horror stories. This forum is a wealth of information for us rookies.

[Wolverine]

I would think it would keep her from even buying a firearm if it was an issue.

Nope, it is a common assumption and it is commonly wrong for a person to conclude that they must be legal to purchase a firearm because the NICS background check did not flag them. The error rates in that system are astronomical.

It doesn't mean you're legal any more than the IRS sending a refund means you're safe from being audited.

[C-dub]

Are we talking apples to apples here? Can we equate a person's ability to buy or possess a firearm with one's ability to obtain a Texas CHL?

[Wolverine]

Are we talking apples to apples here? Can we equate a person's ability to buy or possess a firearm with one's ability to obtain a Texas CHL?

They are not the same but one of the requirements for being eligible for a Texas CHL is being legal to possess a firearm under State and Federal law.

[C-dub]

Are we talking apples to apples here? Can we equate a person's ability to buy or possess a firearm with one's ability to obtain a Texas CHL?

They are not the same but one of the requirements for being eligible for a Texas CHL is being legal to possess a firearm under State and Federal law.

I guess that means that there are circumstances other than a felony that will prohibit someone from being able to legally possess a firearm? I am unaware of those if there are any.

[Wolverine]

You never heard of Frank Lautenberg? It's his claim to fame.

[C-dub]

You never heard of Frank Lautenberg? It's his claim to fame.

I had not heard of him. How about that. He sure was a busy liberal politician, wasn't he?

[Jumping Frog]

You never heard of Frank Lautenberg? It's his claim to fame.

I had not heard of him. How about that. He sure was a busy liberal politician, wasn't he?

Read the link I posted to the BATF'ers Misdemeanor Crime of Domestic Violence FAQ above.

Bottom line, qualifying misdemeanors mean a lifetime ban on possessing firearms or ammo.

[Jumping Frog]

All in all, it sounds like the officer filed it under section (a)(3).
Again, I am not a lawyer and, this is just my interpretation of the penal code.

I am also not a lawyer, but my general understanding is (a)(3) does not have one of the required elements of "the use or attempted use of physical force, or the threatened use of a deadly weapon;" that would make it a federal firearms disability as a Misdemeanor Crime of Domestic Violence.

One the other hand (a)(1) certainly qualifies. That is why knowing exactly what the conviction was is important.