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by growlerVII
Mon Apr 10, 2017 8:31 am
Forum: General Texas CHL Discussion
Topic: Lautenberg Amendment
Replies: 22
Views: 9024

Re: Lautenberg Amendment

Cali2Texas wrote:14 Years ago in southern California, I was arrested on PC 273.5 (Corporal Injury on a Spouse or Cohabitant) and my lawyer successfully encouraged me to accept a PC 415 misdemeanor (Disturbing the Peace), which is a frequently used plea charge for domestic here. A possibly important factor is that my girlfriend at the time did not live with me and was merely visiting from long distance. We got married a couple of years later and still are. We're moving to Texas in two months to finally get out of Cali's left-wing, tree hugging, oppressive police, tax, and regulations regime (as well as a better career opportunity).

My lawyer (and therefore also me) did not realize there may be long-term problems with gun permits with regard to the Lautenberg Amendment, and I wouldn't have let it go so easily otherwise. It seems like this is a pretty common series of events.

Later on, the charge was expunged per California law PC 1203.4. But California expungement does not work exactly like it does in many other states.

I've consulted a couple of attorneys who are not able to give me a clear answer as to whether I would be approved or denied - on the basis of the Lautenberg Amendment - for a gun permit. Therefore, it's obvious this is a fairly complicated question. I do realize the easiest approach would be just to apply and find out, and that will eventually be exactly what happens, but I would really like to have an educated opinion on this matter prior to an embarrassing application.

Thanks!
Speaking from experience: if your charges were misdemeanor and expunged from cadoj then you should be good to go.You can run a background check through them. An expunged charge of disturbing the peace is not the same as domestic violence. IANAL but, I had to go through this same sort of rigamarol with California.

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