CHL Renewal and "Misdemeanor", "Family Violence"

[suthdj]

IANAL ! Just IMO...

My feeling is that anyone who feels it necessary to get physical with another person for whatever "not nice reason" is someone who ultimately has a short fuse... There are many ways to avoid such encounters. When it comes to firearms, IMO, anyone who has committed DUI, DWI (more than once), assaulted anyone, threatened anyone, been arrested for illegal drugs, been an instigator of "road rage", destruction of property of others, spousal or partner abuse, and any other "crimes" probably has no business having access to firearms. Any individual who has a serious "chip on their shoulder", bullies, or pushes others around (literally or figuratively) is also someone who may resort to "not nice" behavior.

I'm sure I'll take some hits and flak over my comments. However, I personally in all my 73 years have never had to get physical with anyone, threaten anyone, much less be arrested for any alleged event. Now...if someone is shooting at me, or otherwise attacking me...well, that's another matter... :)

I think you just ruled out a very high percentage of the U.S. However one of the things taught in the class I attended was de-escalation and how to respond to "Those " situations granted not in full detail. I had a class (40hrs) at work called "How to deal with difficult people". In the class we had to do a skit to practise skills, I acted like my teen son and had everyone ready to kill me even the teacher was at wits end, his mother (the x) was the same way. So all I can say for you is be happy you never met my son or someone like him. Everyone has "that" button. I see family violence as more expected, who can piss you off more then those closest to you. The only thing that makes it horrible is it generally happens to a much weaker person, that ultimately is the problem not that they are related.

[paulhailes]

Were you ever asked to surrender your CHL?

[MagnumPI]

I was never asked to surrender my CHL.

[G.A. Heath]

I was never asked to surrender my CHL.

It could simply mean that the letter got lost in the mail, or your plea didn't make it to the DPS, or it could mean that your charge does not meet the requirements for the federal law.

[paulhailes]

I was never asked to surrender my CHL.

It could simply mean that the letter got lost in the mail, or your plea didn't make it to the DPS, or it could mean that your charge does not meet the requirements for the federal law.

Plan for the first, hope for the last... And call DPS

[sjfcontrol]

I was never asked to surrender my CHL.

It could simply mean that the letter got lost in the mail, or your plea didn't make it to the DPS, or it could mean that your charge does not meet the requirements for the federal law.

There are forms available on the DPS document download page -- CHL-81 for Suspension, and CHL-88 for Revocation. If the arresting agency didn't execute either of these forms, I suspect DPS would never have know to suspend or revoke his license.

[vczan12]

Having been a victim of domestic violence in Texas I do believe that loss of CHL is a good idea. I had an argument with my significant other while we were in the process of a divorce. I had met with the realtor to sign paper work. She left while I made notes for my husband of what needed to be done to list the house.

He came in all fired up because I was sitting at his desk and he said I was getting in his stuff and should not be there. We argued for a while and I tried to calm him down. He asked me to leave so I did. I was mad at him and did slam the door on my way out.

He then came running after me and slammed me in the back and hurt my shoulder. I then got in my car and locked the doors and called 911. He was outside my car trying to get in. While I waited for the police he had a couple of beers I don't know maybe he had some before he got there I don't really know.

The police came and told me there were no scratches or bruises on me and my husband said he only grabbed my shirt so the officer said he could not take him in without any witnesses. He said he should not have put his hands on my person but I could file a report. I could not talk to my lawyer so I told the officer once I talked to my lawyer I may file charges later. He said that was fine.

The officer let my husband get in his truck and drive away. He then pulled in a parking lot and made obscene gestures and yelled at me. So I pulled in and told him to calm down and he punched my window of my car. Then I got out to find a witness and he started yelling at me and spitting on me, So I decided that he had already hit me once and he had a concealed weapons permit and a gun in his truck. So I left quickly.

I went to the hospital later because of my shoulder pain. Then later he left me a message that if I continue to get greedy ...He was not threatening me but he did not know what he might do.

My lawyer did not think I should file because I had no witnesses....

I then later on went on my own and filed a report against him...they said he did not say what he would do like hit me or kill me so it was not a threat. Long story short for 2 weeks I kept my doors locked at all times moved where I usually parked my car and put a reject of his phone number on mine. Then finally 2 weeks later and tests and physical therapy ..... they said they would file a class C misdemeanor...

SO I DON'T BELIEVE THEY JUST FILE BASED ON AN ARGUMENT...THIS MAN DEFINTELY NEEDS HIS CHL TAKEN AWAY... I HAVE READ A MISDEMEANOR IN TEXAS IT JUST 5 YEARS WITHOUT A CHL LICENSE AFTER ANY JAIL TIME SERVED .... i think it should be on a case by case basis....considering what the circumstances of the case are.

I DO BELIEVE IN THE RIGHT TO BARE ARMS FOR SOME INDIVIDUALS....

[jbarn]

Welcome to the forum,

It's a Class C so I think you are good.

He wrote Class A and B.

[jbarn]

My feeling is that anyone who feels it necessary to get physical with another person for whatever "not nice reason" is someone who ultimately has a short fuse...

I understand your point. However, seeing as you are 73 years old, you have seen enough to know that many (not all) people people grow up and mature.

My issue with the Lautenberg Amendment is that it permanently disqualifies people from firearms ownership for misdemeanors.

If I am 21 years old, lose my temper during an argument with a live-in girlfriend, and yell at her, "I ought to slap you!", that is sufficient under the current law to lose my firearms rights forever.

Personally, I was a lot more hot-headed at age 21, but I grew up. Now that I am in my 50's, there are situations that would roll off my back like water that would have been darn near "fighting words" at age 21. It is ridiculous to have a life-long sentence attached to misdemeanor behavior. Make no mistake, this was a bad law slipped through by one of the most vicious anti-gunners in the Congress. It is NOT a good law.

I disagree with your presumption.

[jmra]

You guys are aware this is a 3 year old thread, right?

[Charles L. Cotton]

No Class C Misdemeanor should have any impact on firearms rights. This is especially true since false allegations of so-called "family violence" are rampant and virtually no one is ever prosecuted for making such allegations.

Chas.

[jbarn]

You guys are aware this is a 3 year old thread, right?

[gringo pistolero]

You guys are aware this is a 3 year old thread, right?

What's that smell?

[suthdj]

Having been a victim of domestic violence in Texas I do believe that loss of CHL is a good idea. I had an argument with my significant other while we were in the process of a divorce. I had met with the realtor to sign paper work. She left while I made notes for my husband of what needed to be done to list the house.

He came in all fired up because I was sitting at his desk and he said I was getting in his stuff and should not be there. We argued for a while and I tried to calm him down. He asked me to leave so I did. I was mad at him and did slam the door on my way out.

He then came running after me and slammed me in the back and hurt my shoulder. I then got in my car and locked the doors and called 911. He was outside my car trying to get in. While I waited for the police he had a couple of beers I don't know maybe he had some before he got there I don't really know.

The police came and told me there were no scratches or bruises on me and my husband said he only grabbed my shirt so the officer said he could not take him in without any witnesses. He said he should not have put his hands on my person but I could file a report. I could not talk to my lawyer so I told the officer once I talked to my lawyer I may file charges later. He said that was fine.

The officer let my husband get in his truck and drive away. He then pulled in a parking lot and made obscene gestures and yelled at me. So I pulled in and told him to calm down and he punched my window of my car. Then I got out to find a witness and he started yelling at me and spitting on me, So I decided that he had already hit me once and he had a concealed weapons permit and a gun in his truck. So I left quickly.

I went to the hospital later because of my shoulder pain. Then later he left me a message that if I continue to get greedy ...He was not threatening me but he did not know what he might do.

My lawyer did not think I should file because I had no witnesses....

I then later on went on my own and filed a report against him...they said he did not say what he would do like hit me or kill me so it was not a threat. Long story short for 2 weeks I kept my doors locked at all times moved where I usually parked my car and put a reject of his phone number on mine. Then finally 2 weeks later and tests and physical therapy ..... they said they would file a class C misdemeanor...

SO I DON'T BELIEVE THEY JUST FILE BASED ON AN ARGUMENT...THIS MAN DEFINTELY NEEDS HIS CHL TAKEN AWAY... I HAVE READ A MISDEMEANOR IN TEXAS IT JUST 5 YEARS WITHOUT A CHL LICENSE AFTER ANY JAIL TIME SERVED .... i think it should be on a case by case basis....considering what the circumstances of the case are.

I DO BELIEVE IN THE RIGHT TO BARE ARMS FOR SOME INDIVIDUALS....

Really got to ask, what did you expect to happen, you go after a man that hit you knowing he is angry, did you really think he would calm down, please. From your statement it seems you were trying to provoke him into attacking you again in front of a witness so you could have your own level of anger and revenge, only using the system as your weapon. Don't take this as excusing his actions there are none, I am only pointing out yours, if you really thought him a threat you would not have gone anywhere near him. Sadly family members know all the buttons to push to make another member angry.

[TexasGal]

I understand how it feels to be on the receiving end of DV. Having said that, there is a big difference between what you describe and the kinds of domestic violence that warrant permanent loss of gun rights. Make no mistake, it was wrong for him to put hands on you at all but you weren't scared enough to leave him alone after the police let him leave. It sounds like you just had to poke the bear. Provoking and already angry person is unwise at best and implies you weren't that convinced he was going to do you real harm. Too many people try to use the law for revenge or for custody battles. If an incident was a misdemeanor, and especially if there has not been previous incidents, then the person should not permanently lose their gun rights IMHO. There is just too much room for injustice when people are so emotionally charged that they see things out of proportion or are motivated to embellish. What if 5 years, 10 years pass, and the person has never once done anything else in all that time? There should at least be a path back to restoration of rights for a misdemeanor.