5 year Misdemeanor wait period?

[RDT806]

Thank you all for the responses. Unfortunately the paperwork we got from the court doesn't give a Penal Code. It just says Assault by Contact : Family Member
Also says Class C Misdemeanor.

And no she did not leave a mark. It was a very light slap. He was actually the aggressive one in this instance. What's bad is she is the one who actually called the police because he wouldn't let her leave the house. The police didn't even want to arrest anybody but since it was called in as a domestic dispute they didn't have a choice. They held her for 3 hours and cut her loose.

Now I could see the NICS possibly missing the charge once. Maybe. But i don't see them missing a disqualifying conviction multiple times over a broad span of time. That's what makes me wonder if it's disqualifying. Either way she submitted all of her CHL paperwork on the 14th. On the 25th she received a letter stating they didn't have her fingerprint form and she needed to resubmit it. So i guess there hasn't been a denial yet.

[Jumping Frog]

... the paperwork we got from the court doesn't give a Penal Code. It just says Assault by Contact : Family Member
Also says Class C Misdemeanor.

Then it sure sounds like

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

IANAL, but I do not believe that qualifies as "the use or attempted use of physical force", it is simply offensive. I suspect she'll be fine.

[RDT806]

... the paperwork we got from the court doesn't give a Penal Code. It just says Assault by Contact : Family Member
Also says Class C Misdemeanor.

Then it sure sounds like

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

IANAL, but I do not believe that qualifies as "the use or attempted use of physical force", it is simply offensive. I suspect she'll be fine.

Thank you for the response. I think you may be right. I appreciate the information. Hopefully we will find out pretty soon. We both submitted on the same day and still impatiently waiting!

[RDT806]

... the paperwork we got from the court doesn't give a Penal Code. It just says Assault by Contact : Family Member
Also says Class C Misdemeanor.

Then it sure sounds like

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

IANAL, but I do not believe that qualifies as "the use or attempted use of physical force", it is simply offensive. I suspect she'll be fine.

Thank you for the response. I think you may be right. I appreciate the information. Hopefully we will find out pretty soon. We both submitted on the same day and still impatiently waiting!

Status update this morning. ... 12/2!

Still nothing for the wife yet.

[Keith B]

Thank you for the response. I think you may be right. I appreciate the information. Hopefully we will find out pretty soon. We both submitted on the same day and still impatiently waiting!

Status update this morning. ... 12/2!

Still nothing for the wife yet.[/quote]

Her applicationwill more than likely take a little longer due to it being sent to a technician to review the arrest and conviction info. Hopefully it won't take much longer and she will have hers as well!!

[RDT806]

Thank you for the response. I think you may be right. I appreciate the information. Hopefully we will find out pretty soon. We both submitted on the same day and still impatiently waiting!

Status update this morning. ... 12/2!

Still nothing for the wife yet.

[/quote]Her applicationwill more than likely take a little longer due to it being sent to a technician to review the arrest and conviction info. Hopefully it won't take much longer and she will have hers as well!![/quote]

I hope so.. she also got a letter last week saying they didn't have her fingerprint form. So I'm sure that didn't help.

[RDT806]

Well she got a status change today. So apparently it wasn't disqualifying. Thank you all for the replies.

[Keith B]

Well she got a status change today. So apparently it wasn't disqualifying. Thank you all for the replies.

Good deal! Congratulations!