Domestic history

[Prahlad]

Back in 1999 i was convicted of a domestic assault in Chicago Illinois. That is what is on the court documents. Because of this am I ineligible for CHL in Texas?

[thetexan]

To answer that we need more info...

1. When were you convicted?
2. What were you convicted of and how was it classified? Class A, felony, etc?
3. If incarcerated, when were you finally released? Was there additional probation?
4. If deferred adjudication or probation what are the details including dates.

Domestic violence is a disqualifier for a time but, in general, these things will time out and you can become eligible again. Dates are important to answer the question so please provide. Then there is always the 'other stuff' the FBI might find, if there is 'other stuff'.

If you are not comfortable with providing this info then research for yourself in Texas PC 46.04, possibly FC 85.022, GC 411.1711, and GC 411.171.

tex

[RoyGBiv]

viewtopic.php?f=7&t=51539" onclick="window.open(this.href);return false;

See post #2. Quoted below. Charles is an expert in such matters, IMO.

I have had two people ask me about it now, and I cannot find a definite answer. I I checked the backgrounds both plead to deferred adjudication and both have completed the period. Both are 5 years from the date of completion. What say you?

If they were misdemeanor violations and they successfully completed the probationary periods without the charges being converted to "true" convictions, then these events will not disqualify them for a CHL. If they were felonies, they are permanently disqualified for a CHL, unless the law changes in 2013.

Chas.

Also: http://www.southlakechl.com/2013/06/05/846/" onclick="window.open(this.href);return false;

Texas CHL eligibility rules include this requirement:
“(9) is fully qualified under applicable federal and state law to purchase a handgun;”

This means that if federal laws preclude you from purchasing a handgun, then Texas isn’t going to issue a permit for you to carry one. The things that would make a person ineligible to purchase a firearm under federal law include conviction for domestic violence or a Class C simple assault conviction.

Federal law: https://www.atf.gov/firearms/faq/misdem ... escription" onclick="window.open(this.href);return false;

[Prahlad]

1. When were you convicted? Answer: I have to get my documents but it was in 1999
2. What were you convicted of and how was it classified? Class A, felony, etc? Answere: It was not a felony I think it was a class B misdemeanor .. will review and respond when I get the paperwork
3. If incarcerated, when were you finally released? Was there additional probation? Anser : Not incarcerated. Given non reporting probation for 3 months
4. If deferred adjudication or probation what are the details including dates.
Answer : When I get home I am going to get the paper work for the dates and respond to this post. It was not a felony I think it was a class B misdemeanor
Domestic violence is a disqualifier for a time but, in general, these things will time out and you can become eligible again. Dates are important to answer the question so please provide. Then there is always the 'other stuff' the FBI might find, if there is 'other stuff'. Answer : There is nothing else. This is the only thing that I have been asked about from the Representative in Austin.


Thank you very much for the information TEX!

[RoyGBiv]

After probation, were the charges dismissed, or was probation the terms of a "conviction" or "deferred adjudication"?

As I understand things, if the charges were dismissed, you should be ok for CHL. If you were "convicted" or "deferred adjudicated", then you are permanently banned from possessing a firearm under federal law and permanently ineligible for a CHL.

From link I posed above: https://www.atf.gov/firearms/faq/misdem ... escription" onclick="window.open(this.href);return false;

Q: What is a “misdemeanor crime of domestic violence?”

A “misdemeanor crime of domestic violence” means an offense that:

is a misdemeanor under Federal or State law;
has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon; and
was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

However, a person is not considered to have been convicted of a misdemeanor crime of domestic violence unless:

the person was represented by counsel in the case, or knowingly and intelligently waived the right of counsel in the case; and
in the case of a prosecution for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either —
the case was tried by a jury, or
the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

In addition, a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing firearms.

[18 U.S.C. 921(a)(33), 27 CFR 478.11]

My opinion. I am not a lawyer. This is not legal advice.

[thetexan]

more info...


18 USC 921

(33)
(A) Except as provided in subparagraph (C), [2] the term “misdemeanor crime of domestic violence” means an offense that—
(i) is a misdemeanor under Federal, State, or Tribal [3] law; and
(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.
(B)
(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—
(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

18USC 922

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(9) has been convicted in any court of a misdemeanor crime of domestic violence.
This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) ofsection 925 of this chapter is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) ofsection 925 of this chapter.

(g) It shall be unlawful for any person—
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

This seems pretty clear. You need to find the precise facts concerning your case, conviction, charge, disposition, dates, etc. and consult an attorney before even thinking about possessing a firearm. It may be that in your case you are eligible. Perhaps not.

tex