TexasCHLforum.com

clarionite wrote:

ScottDLS wrote:

clarionite wrote:

ScottDLS wrote: I'm 100% with you on this, We've got class c misdemeanants with lifetime federal firearms ban. The Federal "domestic violence" definition is very loose. I think that states could define it "out" of the federal prohibition, maybe.... And also know that there is no clear way to identify "DV" in the federal system. Especially problematic is the woman ('cause it's always a woman, right??) who copped to a class c or b before Sen Lautenberg's law, for shoving her husband. And the female that "slapped" her intimate partner for making a sexist remark...

I'm no more OK with a woman slapping a man than I am with a man slapping a woman. Neither are appropriate in my book.

do you consider such "slapping" a felony that should permanently ban a woman from owning a gun?

I don't see it any different than any other adult slapping another adult.

Why is it different?

The laws may be specific regarding a man slapping a woman, but I doubt it. The question at this point in this discussion is whether or not you think a slap deserves a permanent deferral.

Charles L. Cotton wrote:

C-dub wrote:

lfinsr wrote:I keep seeing this question over and over. I understand the law and it is what it is. Among us there is no one that hasn't done something stupid at some point in their life. Whether or not you were caught is the question....

There really needs to be a way to fix this. A bad decision you made when young and dumb shouldn't haunt you the remainder of your life. At some point you've paid your dues. Am I the only one that believes this? I believe this is something the would benefit a great number of people that were in the wrong place at the wrong time.

Saying that we were all young and dumb and did stupid things is one thing and sounds cute, but we all have not done things to get us DQed from having a CHL. I wasn't caught because I didn't do anything disqualifying to get caught doing. Yeah, I did stupid things, but nothing illegal like that.

Pushing your spouse, girlfriend/boyfriend, son, daughter or any intimate partner can get you a misdemeanor family violence conviction. I understand what you mean, but we have to consider the changes to federal law and to some extent state law. I know a man who was convicted of family violence for pushing his drunk wife into a sitting position on the couch. Some people are now pushing to make verbal and/or emotional abuse a criminal offense. People better wake up and stop this very dangerous trend.

Chas.

Absolutely Charles! Changes and or some common sense is needed. Some things, such as your example and Clarionite's, were either blown way out of proportion or completely twisted around and I do feel sorry for the real victims in those situations.

lfinsr wrote:My point is there should be a mechanism to get your rights back after a predetermined amount of time. As it is you're at the mercy of petitioning a court for expungement which may or may not happen. With few exceptions, most everyone deserves a second chance. And again, with few exceptions, nothing should be a permanent disqualifier.

I'm not advocating wiping the slate clean for chronic offenders, just a fair shake at redeeming one's self.

The libertarian side of me agrees with this and to expand on TAM's point, I am all for the restoration of one's rights after completion of a sentence and possibly some additional time (not to be an unreasonable period) for the person to prove they have not returned to their previous ways.

To be sure, there are circumstances where people find themselves in the wrong place at the wrong time, but those are the exception and I believe most of those cases will be worked out justly by the system. I was almost a victim of a situation like that once or twice in the Navy and fought hard to rectify them successfully. I do sympathize with folks things like that happen to, but there are far too many people that fall back into former bad habits. It's a tough world and I don't have all the answers and am just as conflicted about this as TAM and many others I'm sure.

lfinsr wrote:I keep seeing this question over and over. I understand the law and it is what it is. Among us there is no one that hasn't done something stupid at some point in their life. Whether or not you were caught is the question....

There really needs to be a way to fix this. A bad decision you made when young and dumb shouldn't haunt you the remainder of your life. At some point you've paid your dues. Am I the only one that believes this? I believe this is something the would benefit a great number of people that were in the wrong place at the wrong time.

Saying that we were all young and dumb and did stupid things is one thing and sounds cute, but we all have not done things to get us DQed from having a CHL. I wasn't caught because I didn't do anything disqualifying to get caught doing. Yeah, I did stupid things, but nothing illegal like that.

I am not as good a legal eagle as some on the forum and Jumping From is probably correct. I was merely going off of other previous threads on this issue and the questions on that BATF website.

Q: Is a person who received “probation before judgment” or some other type of deferred adjudication subject to the disability?
What is a conviction is determined by the law of the jurisdiction in which the proceedings were held. If the State law where the proceedings were held does not consider probation before judgment or deferred adjudication to be a conviction, the person would not be subject to the disability.
[18 U.S.C. 921(a)(33), 27 CFR 478.11]

However, if it only counts for CHL eligibility, then that's good news for the OP.

Welcome to the forum!

There are a few possibilities. In Texas, deferred adjudication is usually the same as a guilty plea and would be a permanent deferral for a CHL. Also, it might prohibit you from owning firearms at all according federal laws.

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

Since the domestic, have you purchased a firearms from an FFL after listing this on the 4473 form?