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by ELB
Sun Sep 06, 2009 12:29 pm
Forum: 2009 Texas Legislative Session
Topic: Firearms admonishment now required on all Class C citations
Replies: 16
Views: 12348

Re: Firearms admonishment now required on all Class C citations

Yes, the new law on providing admonishments is a good thing. It's purpose is basically to prevent someone from accidentally forfeiting away his gun rights because he didn't realize that pleading guilty or no contest to a seemingly small offense would have such a far-reaching effect.
by ELB
Fri Sep 04, 2009 9:59 pm
Forum: 2009 Texas Legislative Session
Topic: Firearms admonishment now required on all Class C citations
Replies: 16
Views: 12348

Re: Firearms admonishment now required on all Class C citations

srothstein wrote:...The new law is actually requiring this admonishmnet to be printed on all class C tickets. ...
I figured it was to simplify the on-the-spot decision-making, I just aimed too low in the bureaucracy... :mrgreen:

thx.

elb
by ELB
Fri Sep 04, 2009 12:39 pm
Forum: 2009 Texas Legislative Session
Topic: Firearms admonishment now required on all Class C citations
Replies: 16
Views: 12348

Re: Firearms admonishment now required on all Class C citations

chamberc wrote:
CHL/LEO wrote: All Class C citations (including traffic tickets) will now include this.
As in pleading no-contest or guilty to a speeding ticket...

I can't be reading this right...
No, I don't think you are. (or yes, you are not reading this right). As I see it: The suspension/removal/whatever of right to possess firearms is (only) for misdemeanors involving violence in certain circumstances as listed above in the bold face, not for other Class C misdemeanors. The law concerning violent misdemeanors/family violence has not changed -- what has changed is the law enforcement/judicial process must inform you that your firearm rights are in jeopardy. You are supposed to be notified of this for any Class C misdemeanor citation, violent or not, except for public intoxication.

However, as a bureaucratic procedure, the cops in one particular department are issuing the admonishments with ANY Class C citation they write so they don't have to work through the decision "Do I have to give an admonishment for this particular citation?" on the spot. Write a citation, attach an admonishment. Simple. If applies, then good. If not, then it's just another piece of paper. In all cases, consult a lawyer.

So no, your firearms rights are not in jeopardy for going 10 over the speed limit.

ADMONISHMENT: IANAL, YMMV, etc etc. See a real lawyer if you want a real answer. ;-)

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