Maybe as far as Texas law is concerned, but not Federal law.Seabear wrote:He was told by the judge that the charge carried the same weight as a traffic ticket, but we know better.
Maybe the same judge will approve an expunction order.
Maybe as far as Texas law is concerned, but not Federal law.Seabear wrote:He was told by the judge that the charge carried the same weight as a traffic ticket, but we know better.
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;
My opinion is that people got on the "band wagon" against family violence and passed legislation that people didn't full understand the consequences.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.