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by WildBill
Wed Feb 10, 2016 6:09 pm
Forum: General Texas CHL Discussion
Topic: Family Violence
Replies: 22
Views: 7368

Re: Family Violence

Seabear wrote:He was told by the judge that the charge carried the same weight as a traffic ticket, but we know better.
Maybe as far as Texas law is concerned, but not Federal law.
Maybe the same judge will approve an expunction order.
by WildBill
Wed Feb 10, 2016 4:47 pm
Forum: General Texas CHL Discussion
Topic: Family Violence
Replies: 22
Views: 7368

Re: Family Violence

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 §411.172. 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". :tiphat:
I believe a more knowledgeable person will step in to confirm or deny my interpretation.
http://www.rip.uscourts.gov/rip/supervi ... bition.pdf
by WildBill
Tue Feb 09, 2016 11:41 am
Forum: General Texas CHL Discussion
Topic: Family Violence
Replies: 22
Views: 7368

Re: Family Violence

parabelum wrote:I always thought it was an out of balance legal scale to have a lifetime disqualifier for CHL/LTC for DV, while at same time allowing multiple DUI offenders (as an example) to obtain a carry license after a certain time period has elapsed.
Both are criminal, and both should rightfully disqualify, for a given time period.

I think that 7 years of sober and responsible behavior after a DV charge ought to be enough.
Caveat is that original DV did not involve a firearm, that no substantial physical harm (hospitalization required) occurred,no subsequent DV of course, and no infractions above C misdemeanor actually, for the entire 7 year time span.
Coupled with all other conditions for LTC, provided that all of the above have been met, I see no reason to impose a lifetime ban.

Makes no sense to me.
My opinion is that people got on the "band wagon" against family violence and passed legislation that people didn't full understand the consequences.
After all who is not against family violence?
I also think that the definition of family member is overly broad and unjustified.

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