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by maltz99
Thu Aug 04, 2011 5:29 pm
Forum: General Texas CHL Discussion
Topic: CHL REVOKED class C misdemeanor sec 42.01
Replies: 19
Views: 5097

Re: CHL REVOKED class C misdemeanor sec 42.01

yeah well when your on the hot seat for jail time for a strong felony that youre innocent of you tend to listen to your lawyer right away when he said you should voluntarily surrender your CHL to the prosecutor... i still get so mad at the whole thing. All it does is teach someone to not call 911 when you use your gun even when justified. Buy a throw down and make sure nobody or nothing sees what you did.... Hell, even the cop said it was a good shoot and a year later i have to deal with this. This guy was a Houston firefighter and lost his career over what he did too (DWI and on anti depressants). His fiance is the one who had the charges laid on me. It cost me 8 grand to walk away as i did and would have cost another 8K to go to trial... Wish i had the money to have gone to trial!
by maltz99
Thu Aug 04, 2011 1:55 pm
Forum: General Texas CHL Discussion
Topic: CHL REVOKED class C misdemeanor sec 42.01
Replies: 19
Views: 5097

CHL REVOKED class C misdemeanor sec 42.01

I will try to make this short. In 2006 I was charged with discharging a firearm in public. Though I was justified in firing my weapon for protection and was not arrested at the time, the 3 occupants of the vehicle i shot at were for DUI and PI's. A year later, the passenger had charges filed against me for (i forget the name of the charge) but for shooting at her. It wasn't agg assault but it was called something else and was a class A or B felony. The passenger who had charges filed against me did not mention the whole story of when i shot at them, only telling the PD that on a specific day I shot at them... Anyhow, through many court visits the story of why i actually fired the gun was out and the prosecutor was going to dismiss the charges but being strongly against CHL holders she did not want to dismiss without me not having to give up my CHL. As soon as I found out this information I voluntarily gave my CHL to her (prosecutor) to get this charge dismissed. Well, she found out that she couldn't legally prevent me from having a CHL unless i was charge with something so she charged me with the class C under section 42.01.
So here is the problem, my 5 years of no CHL is up for the charge but i'm told I have an additional 2 years penalty because my CHL was revoked. The thing is, I did surrender my CHL to the courts (June 2006) prior to it being revoked (Aug 17th of 06) and under the law if it is surrendered prior to revocation, there is no penalty.
Does anyone have any ideas for me?
Thanks!

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