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Re: Family Violence
Posted: Wed Feb 10, 2016 7:39 pm
by parabelum
What bothers me even more is that those with connections & $'s skate out of these things (nothing new obviously), while some poor to middle class doofus who made a bad choice is left with no opportunity for redemption.
Few posts above I outlined briefly what I would consider definitely a disqualifier, as it relates to DV charge.
"Prosecutors on Friday charged San Francisco's newly sworn-in sheriff with three misdemeanors, including domestic violence, related to a New Year's Eve incident with his wife."
http://www.cbsnews.com/news/new-sf-sher ... -violence/
Of course, the disgraceful SF Sheriff remained untouched.
Re: Family Violence
Posted: Wed Feb 10, 2016 8:25 pm
by thetexan
WildBill wrote:thetexan wrote:The only restriction I can find is for a class a mis of family violence as per 22.01 and then only after 5 years. A search for class c finds nothing related.
GC ยง411.172. ELIGIBILITY.
Text of subsection effective on Jan. 1, 2016
(a) A person is eligible for a license to carry a handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date
of application under this subchapter or is otherwise eligible for a license under
Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor
or equivalent offense, or of an offense under Section 42.01, Penal Code, or
equivalent offense, or of a felony under an information or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class B
misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the proper
use and storage of a handgun;
(8) has not, in the five years preceding the date of application, been convicted
of a Class A or Class B misdemeanor or equivalent offense or of an offense
under Section 42.01, Penal Code, or equivalent offense;
(9) is fully qualified under applicable federal and state law to purchase a
handgun;
I am getting over my head, but I believe the attached is the applicable federal law.
It states a misdemeanor family violence conviction is a bar to owning a firearm. It makes no statement of the "Class".
I believe a more knowledgeable person will step in to confirm or deny my interpretation.
http://www.rip.uscourts.gov/rip/supervi ... bition.pdf
There it is! Disqualified from possessing a firearm.
Re: Family Violence
Posted: Wed Feb 10, 2016 11:12 pm
by infoman
Disqualified for life. (Unless he has it expunged)
Re: Family Violence
Posted: Thu Feb 11, 2016 8:04 am
by AdanAndres
I'm a bit confused and please forgive my lack of knowledge on the subject but assuming you get arrested for DV but not convicted of it meaning released no jail time .. Does that still disqualify you for a LTC ?
Re: Family Violence
Posted: Thu Feb 11, 2016 9:22 am
by Javier730
AdanAndres wrote:I'm a bit confused and please forgive my lack of knowledge on the subject but assuming you get arrested for DV but not convicted of it meaning released no jail time .. Does that still disqualify you for a LTC ?
No. If you aren't convicted of of dv your good to go.
Re: Family Violence
Posted: Thu Feb 11, 2016 11:05 am
by Ryan
AdanAndres wrote:I'm a bit confused and please forgive my lack of knowledge on the subject but assuming you get arrested for DV but not convicted of it meaning released no jail time .. Does that still disqualify you for a LTC ?
As long as you are not convicted and aren't placed on deferred adjudication. Texas LTC treats deferred adjudication as a conviction for purposes of a LTC.
Re: Family Violence
Posted: Thu Feb 11, 2016 11:45 am
by Larz_1
Ryan wrote:AdanAndres wrote:I'm a bit confused and please forgive my lack of knowledge on the subject but assuming you get arrested for DV but not convicted of it meaning released no jail time .. Does that still disqualify you for a LTC ?
As long as you are not convicted and aren't placed on deferred adjudication. Texas LTC treats deferred adjudication as a conviction for purposes of a LTC.
Not true.
If you are placed on deferred adjudication you will have to wait 5-10yrs (?) before you can get a LTC.
Back in 2003 I was going through an ugly divorce and my vindictive ex-wife filed false DV charges against me.
Without going into details - I took Deferred Adjudication for a misdemeanor A DV charge on poor advice from my lawyer (you get what you pay for).
Never been in any kind of trouble before or since.
Fast forward to 2015 - I decided to apply for my CHL not knowing if I would be able to get it or not.
Submitted my paperwork and 4 weeks later I had my plastic.
If you did take deferred adjudication, you will have to wait the required amount of time before applying for your CHL/LTC.
Re: Family Violence
Posted: Thu Feb 11, 2016 12:31 pm
by Ryan
Larz_1 wrote:Ryan wrote:AdanAndres wrote:I'm a bit confused and please forgive my lack of knowledge on the subject but assuming you get arrested for DV but not convicted of it meaning released no jail time .. Does that still disqualify you for a LTC ?
As long as you are not convicted and aren't placed on deferred adjudication. Texas LTC treats deferred adjudication as a conviction for purposes of a LTC.
Not true.
If you are placed on deferred adjudication you will have to wait 5-10yrs (?) before you can get a LTC.
Yup, you're right. Forgot about the waiting period. I just remembered that it disqualified you initially.