Texas CHL Application Denied

[buckdw]

I reside in Dallas, Texas. I recently completed my CHL class and submitted my application for my Texas CHL. My application was denied due to a Class A Domestic Violence Misdeameanor that occured in 2002. Well the incident actually occured in 2001, but the conviction date shows 2002. I was not sent to jail, i served probation and paid some fines, took the anger managment classes, etc. The sad part about all of this is that the woman I had the altercation with filled out an affidavit of non-prosecution, but the state decided to proceed with the case anyway. I know that I have 30 days to request a hearing to try to overturn the denial. My question is, how should I proceed? Do I have any legal precedents that work in my favor or will I never be allowed to legally conceal carry in Texas? Am I able to get the conviction pardoned and then reapply or what exactly are my options here?

You have a great site with a lot of good information. I appreciate any assistance that you can provide.

[Outbreaker]

Did you state on the application that all this happened?

[buckdw]

Yes, everything was listed on the original application. Then I received a letter to mail them a certified court copy of the judgment and sentence. I received the denial letter after sending in the requested documents.

[Outbreaker]

I may be mistaken but I thought that domestic violence was grounds for denial requardless of time.

Expungement will fix the issue though.

[joe817]

buckdw, welcome to the forum and sorry to hear about the denial.

My best suggestion would be to hire a criminal defense attorney that has experience and/or specializes in weapons violations. There are many in Dallas county. I'd suggest googling "Dallas criminal defense attorney's" and check each website for those qualifications.

Sorry I can't be more help to you. I've never experienced anything like that. Best of luck to you.

[buckdw]

Thank you to all that replied. When I applied for the CHL I thought this might be an issue, but everything I read BEFORE taking the class and sending TX my $140, only talked about felonies making you ineligble for a CHL. Maybe I overlooked the domestic violence part, but I was thinking as long as the misdameanor was over 5 years old it would not be an issue, but that is obviously wrong as now know. I just wonder if I can it expunged as mentioned above or maybe pardoned. I'm not sure. I'm definitely taking a lawyer with me to the appeal hearing. Might also need to get a good civil rights attorney. I feel like my right to defend myself has been taken away and I am not a crimminal or a violent person. It's crazy how one bad night continues to haunt me almost 10 years later.

[Keith B]

You may want to read this thread http://texaschlforum.com/viewtopic.php? ... 70&start=0" onclick="window.open(this.href);return false;

Depending on your charges and how it shows up on your record, it may be a permanent disqualification unless you can get it removed from your record somehow so it doesn't show a conviction.

One question, are you able to purchase a firearm? Depending on the charge, for some domestic violence convictions you can be restricted from owning firearms.

Best bet as mentioned was to get a good firearms knowledgeable attorney and have them scope it out.

[buckdw]

My dad gave me his Ruger P95. I am actually going to a gun show tomorrow at Big Town. I have not tried to purchase one yet, but I do have my eyes on a Springfield XDM 3.8 9mm, or a sub-compact XD .40. I will let you know if I run into any road blocks when I try to purchase one.

[bci21984]

if you are convicted of a family violence offense in the state of texas you are prohibited from buying, owning, or transporting any firearm or ammunition.

and from my understanding after talking with some judges in collin county, even a class c assault that falls under family violence could prohibit you from buying, owning, or transporting a firearm.

and starting this year many class c offenses are now reported to the state for criminal history purposes, so if your info is ran in ncic/tcic some of your class c convictions will show up

i.e. a failure to appear ticket conviction for not going to court for traffic charges shows up as obstruction of justice on your criminal history