TexasCHLforum.com

Rays wrote:Thank you Scott for that bit of encouragement, I guess I fear most is the investigators will say hey this man has 2 similar charges maybe he can't control his temer, but that is not true. And they will deny me even though I meet the standards, I guess my next move is to go and try to purchase a brand new weapon that I will carry concealed in truck or on person if I can buy that is ---if I can then get started on all paper work--- I have court docket copies of the 2 incidents now so in the next week I will get started on that purchase . Thanks again Scott and ( CARRY ON) a little CHL humour

Hi Rays - One thing to remember is that Texas is a "shall issue" state. The law requires a CHL to be issued if you meet the standards. You could be "charged" for murder and be acquitted at trial, and you qualify. We're still "innocent until proven guilty". There's not really much discretion involved...unlike Navy admin discharges, NJP, etc. Good luck.

Rays wrote:Forgot to say I have no convictions because I was able to buy a few guns after the 87 deal but can't remember if I got my last gun before or after the 2000 deal.Also I am not a person who stays angry they were nothing that a lot of guys have been through Thank you.

My 2 cents...it sounds like you are OK. NO CONVICTIONS is the key. This misdemeanor "domestic violence" thing is a real trap. It's federal law since '94 and permanently bars you from buying/possessing a gun. But it requires a conviction. Even though Texas CHL treats some deferrals as a conviction,the federal law does not. And misdemeanor "deferrals" are not bars to TX CHL after 5 years.

Now just because you can buy a gun and pass the "insta-check" doesn't automatically mean you are OK, because reporting of convictions is spotty even for felonies, and the misdemeanor domestic violence thing is really hard to accurately report in NCIC.

But if as you say you have no convictions and the deferrals are 12+ years in the past, you shouldn't have any issues. OTH Navy discharge sucks, but it is administrative, not judicial, so essentially is not a criminal issue. Only you won't get the 50% CHL fee discount for veterans as it requires Honorable.

If your posts describing your issue are accurate, I think you should be OK.

-Scott

johnnyt6 wrote:yes, my deferred dismissal clearly says 'set-aside

I filled a suit for a writ of mandamus in district court in Austin. I want my license.

I'll keep everyone updated.

Wow man... you are hard core. I respect you filing suit for a mandamus writ. I see that you wrote below that your license was issued. Were you granted the writ? Or did DPS just change their mind and issue?