New to this forum and need a question answered please. 9 years ago I went through a horrible divorce that included restraining orders against me and one I filed against my ex wife. This happened in MN. I made a call to my brother in law to ask if she was going to file for divorce because if not I was going to. She had been cheating on me for over a year behind my back. My phone call constituted a violation of the order for protection or restraining order. I was arrested and let go the next day. I ended up having to plea guilty for the violation of the order for protection, pay a fine and that is it. I have zero issues with the NICS check and buying guns but I am curious if this will cause any issues with getting a CHL here in Texas. This happened just under 10 years ago, I am remarried with kids and have moved on. The bad marriage is still haunting me to this day and I am afraid this will cause issues with the license. I have done background checks online and through the MN department of justice and nothing comes up. I am not sure if its been expunged or they did not keep record of it. Any help would be greatly appreciated.
Thanks in advance.
CHL and out of state misdemeanor
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longhorn1188
- Junior Member
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Re: CHL and out of state misdemeanor
Report it on the application, and provide all documentation associated.longhorn1188 wrote:New to this forum and need a question answered please. 9 years ago I went through a horrible divorce that included restraining orders against me and one I filed against my ex wife. This happened in MN. I made a call to my brother in law to ask if she was going to file for divorce because if not I was going to. She had been cheating on me for over a year behind my back. My phone call constituted a violation of the order for protection or restraining order. I was arrested and let go the next day. I ended up having to plea guilty for the violation of the order for protection, pay a fine and that is it. I have zero issues with the NICS check and buying guns but I am curious if this will cause any issues with getting a CHL here in Texas. This happened just under 10 years ago, I am remarried with kids and have moved on. The bad marriage is still haunting me to this day and I am afraid this will cause issues with the license. I have done background checks online and through the MN department of justice and nothing comes up. I am not sure if its been expunged or they did not keep record of it. Any help would be greatly appreciated.
Thanks in advance.
Re: CHL and out of state misdemeanor
Welcome to the forum. 
A violation of a protective order is a potential permanent dis-qualifier for you if it was a felony offense in Minnesota.
In Texas, a single offense is considered a Class A misdemeanor unless previous violations are present. Here is a link to that section of the Texas Penal Code http://law.onecle.com/texas/penal/25.07.00.html" onclick="window.open(this.href);return false;
I would suggest you contact the clerk for the court where you had your case heard and get a copy of the disposition. DPS will need a copy of that anyway to go along with your application listing the conviction.
If the charge was only a misdemeanor in MN, then you are past the 5 year waiting period and should be good to go. If it was a felony charge, then you may need to consult a lawyer on it as it would more than likely be permanently disqualifying for a license.
Personally, I doubt a single violation was a felony and if you spent no jail time, then more than likely it was only a Misdemeanor.
Get that info from the court and good luck!!
A violation of a protective order is a potential permanent dis-qualifier for you if it was a felony offense in Minnesota.
In Texas, a single offense is considered a Class A misdemeanor unless previous violations are present. Here is a link to that section of the Texas Penal Code http://law.onecle.com/texas/penal/25.07.00.html" onclick="window.open(this.href);return false;
I would suggest you contact the clerk for the court where you had your case heard and get a copy of the disposition. DPS will need a copy of that anyway to go along with your application listing the conviction.
If the charge was only a misdemeanor in MN, then you are past the 5 year waiting period and should be good to go. If it was a felony charge, then you may need to consult a lawyer on it as it would more than likely be permanently disqualifying for a license.
Personally, I doubt a single violation was a felony and if you spent no jail time, then more than likely it was only a Misdemeanor.
Get that info from the court and good luck!!
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Re: CHL and out of state misdemeanor
Just did a little more looking, and Minnesota seems to be similar to Texas. If it was just a single violation with the phone call and no other circumstances around it, then it was probably a misdemeanor. Here is some info http://www.myminnesotadefenselawyer.com ... iolations/" onclick="window.open(this.href);return false;
As stated before, get that disposition from the Minnesota court. If it was only a misdemeanor then list the violation on the application and send in the copy of the disposition to DPS and you should be fine.
As stated before, get that disposition from the Minnesota court. If it was only a misdemeanor then list the violation on the application and send in the copy of the disposition to DPS and you should be fine.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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longhorn1188
- Junior Member
- Posts: 2
- Joined: Tue Jan 27, 2015 8:17 am
Re: CHL and out of state misdemeanor
Thank you so much. Yes, it was a misdemeanor. Very angry and bitter ex wife. I am an airline pilot full time and have background checks done every year. Never had an issue and you cant fly with a felony. She had been cheating on me behind my back while I was gone. Entire other life I did not know about. Its crazy how I am back home in TX now and 10 years later this crap is still following me. Your help is sincerely appreciated.