Domestic Violence deffered adjudication and CHL

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Dcav
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Domestic Violence deffered adjudication and CHL

Postby Dcav » Thu Jan 12, 2012 3:44 pm

I have had two people ask me about it now, and I cannot find a definite answer. I I checked the backgrounds both plead to deferred adjudication and both have completed the period. Both are 5 years from the date of completion. What say you?

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Charles L. Cotton
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Re: Domestic Violence deffered adjudication and CHL

Postby Charles L. Cotton » Thu Jan 12, 2012 3:47 pm

Dcav wrote:I have had two people ask me about it now, and I cannot find a definite answer. I I checked the backgrounds both plead to deferred adjudication and both have completed the period. Both are 5 years from the date of completion. What say you?


If they were misdemeanor violations and they successfully completed the probationary periods without the charges being converted to "true" convictions, then these events will not disqualify them for a CHL. If they were felonies, they are permanently disqualified for a CHL, unless the law changes in 2013.

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papajohn1964
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Re: Domestic Violence deffered adjudication and CHL

Postby papajohn1964 » Thu Jan 12, 2012 5:47 pm

I thought that any domestic violence conviction would disqualify you from buying or owning a gun for life.
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Charles L. Cotton
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Re: Domestic Violence deffered adjudication and CHL

Postby Charles L. Cotton » Thu Jan 12, 2012 6:48 pm

papajohn1964 wrote:I thought that any domestic violence conviction would disqualify you from buying or owning a gun for life.


This is correct, but the OP said it was a deferred adjudication and this is not a conviction, except for CHL eligibility purposes.

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Crossfire
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Re: Domestic Violence deffered adjudication and CHL

Postby Crossfire » Thu Jan 12, 2012 6:59 pm

You know, Charles, I thought I understood this until you answered it. Now, after your answer, I'm not even sure I understand the question.

And now we know why lawyers get paid the big bucks.... :???:
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A-R
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Re: Domestic Violence deffered adjudication and CHL

Postby A-R » Thu Jan 12, 2012 7:16 pm

Chas ain't a lawyer ... he's better than that, give the man some credit :biggrinjester:

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Re: Domestic Violence deffered adjudication and CHL

Postby papajohn1964 » Thu Jan 12, 2012 7:28 pm

It's in the Lautenberg Act. Not having much luck finding the actual law but I got this from wikipedia:

SummaryThe act bans shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor domestic violence, or who are under a restraining (protection) order for domestic abuse in all 50 states. The act also makes it unlawful to knowingly sell or give a firearm or ammunition to such persons.

Firearms dealers are under ever increasing pressure to avoid straw purchases — a purchase made by a non-prohibited person on behalf of a prohibited person. This means that spouses, people who cohabitate with a domestic violence offender, and indeed friends can come under very close scrutiny by dealers and law enforcement during the sales process.

The definition of 'convicted' can be found in the chapter 18 U.S.C. § 921(a)(33)(B)(ii) and has exceptions:

(33) (B) (i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— (I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either (aa) the case was tried by a jury, or (bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

Therefore, if a person was represented by counsel, waived that right, AND, the person was entitled to a trial by jury, but also waived that right, the person shall not be considered to have been convicted if the conviction was expunged or set aside or had his civil rights (to bear arms) restored, UNLESS the further order of the court permanently revokes that right.
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Dcav
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Re: Domestic Violence deffered adjudication and CHL

Postby Dcav » Thu Jan 12, 2012 8:51 pm

Thanks Charles.


BalderasD
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Re: Domestic Violence deffered adjudication and CHL

Postby BalderasD » Thu Oct 19, 2017 3:42 pm

I live in Texas and I had a battery domestic violence charge when I visisted Las Vegas back in 2013. I already had a CHL for the stare of Texas and a few guns but left everything at home. I got arrested and stayed in jail for 4 days because it was Labor day weekend. I didn't go to court they just let me go and told me that I didn't have to go to court, pay a fine, or due community service. It was my first offense and have stayed out of trouble since then. I've been trying to find out ecer since if I'm allowed to buy or own guns. Everyone I ask keeps giving me the runaround and half answers. Is my CHL invalid now because of the BDV? If so, is there anything I can do to get my gun rights back?

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Re: Domestic Violence deffered adjudication and CHL

Postby C-dub » Thu Oct 19, 2017 3:54 pm

BalderasD wrote:I live in Texas and I had a battery domestic violence charge when I visisted Las Vegas back in 2013. I already had a CHL for the stare of Texas and a few guns but left everything at home. I got arrested and stayed in jail for 4 days because it was Labor day weekend. I didn't go to court they just let me go and told me that I didn't have to go to court, pay a fine, or due community service. It was my first offense and have stayed out of trouble since then. I've been trying to find out ecer since if I'm allowed to buy or own guns. Everyone I ask keeps giving me the runaround and half answers. Is my CHL invalid now because of the BDV? If so, is there anything I can do to get my gun rights back?

Welcome to the forum.

You had your TX CHL as of 2013, but you haven't renewed yet since then? Is that correct?

Also, IANAL, but since there was no conviction you may be just fine. I would find out what happened to the charge since you also haven't done anything with it since then. It may have gotten filed in the circular cabinet.
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Re: Domestic Violence deffered adjudication and CHL

Postby TreyHouston » Thu Oct 19, 2017 7:02 pm

What happens in Vegas stays in Vegas? Do they ask for payment in cash? :leaving
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Re: Domestic Violence deffered adjudication and CHL

Postby srothstein » Fri Oct 20, 2017 9:25 am

BalderasD wrote:I live in Texas and I had a battery domestic violence charge when I visisted Las Vegas back in 2013. I already had a CHL for the stare of Texas and a few guns but left everything at home. I got arrested and stayed in jail for 4 days because it was Labor day weekend. I didn't go to court they just let me go and told me that I didn't have to go to court, pay a fine, or due community service. It was my first offense and have stayed out of trouble since then. I've been trying to find out ecer since if I'm allowed to buy or own guns. Everyone I ask keeps giving me the runaround and half answers. Is my CHL invalid now because of the BDV? If so, is there anything I can do to get my gun rights back?


You need to get a record from the court and check if there is a conviction on your record or not. If you were convicted and sentenced to time served, which happens a lot in Teas for class C misdemeanors where you get booked, you have been convicted of domestic violence and are forever barred from owning weapons. It is also possible that charges were dropped instead, but I strongly suggest you get a certified copy of the court record to be sure. DPS will need it also when you renew anyway.
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