Legal Ques

CHL discussions that do not fit into more specific topics

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30and36owner
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Legal Ques

Post by 30and36owner »

I am wanting to start the process but I have been told from instructors that I need some sort of paperwork from the courts I had problems in years ago. I was put on deffered adjuctification about 7 years ago and I was also charged with something in Colorado that was eventually dismissed almost 5 years. The instructor mentioned that I need to provide this "paperwork" since it was less than 10 years ago. Can anyone shed some light on this? I would assume I can proceed with the class and everything since the last incident was dismissed in Colorado but the instructor said I needed this "paperwork" I would like to proceed but not if it's a waste of time. Any information or suggestions are greatly suggested.

Thanks!
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Re: Legal Ques

Post by longtooth »

One of our instructors should be on sometime tonight.
Since it is Sunday it might be tomorrow but you will get some help.

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30and36owner
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Re: Legal Ques

Post by 30and36owner »

Thanks for your quick response! Hopefully I can pursue this soon as I know the CHL folks are backed up and I feel like citizens like us are a great contribution to fighting crime, so I will check back soon for a response.

Thanks again!!
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Re: Legal Ques

Post by USA1 »

some details about what the deferred adjudication was for will probably be necessary to answer your question more accurately .
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Re: Legal Ques

Post by boomerang »

You need paperwork from the court to document the disposition of the charges you were arrested for. For old stuff you can get a letter from the court saying no record found.
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30and36owner
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Re: Legal Ques

Post by 30and36owner »

Thank you for your help! At what point will they need that info. Since the process takes awhile, could I begin with the class and paperwork.
trvlinthrutx
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Re: Legal Ques

Post by trvlinthrutx »

Your take please.

Travelled thru Amarillo from a long haul overnighter and exhausted and just wanted to sleep. Pulled into a completely wide open parking lot approx 515PM. My Ut CWP'd weapon had been on my seat the past 18hrs covered by a pillow. Pulling into a wide open parking lot, situated and ready to snooze I pull the pillow behind my head and I'm instantly out cold from exhaustion. Next thing I hear is a tapping on my window and its a Police Officer. I roll down my window and he kindly asks what I'm doing. I told him just resting before going on to OK. No sooner had I said that he glanced and saw my weapon in sight on the seat, and so DO I! Yikes! He pulls back, gun drawn and trigger ready with both hands on gun ready to unload on me with a head shot. Shouting put your hands on the wheel, no sudden moves, calling huge backup throng on hand radio, then ordered to put both hands out window and open the door from the outside with my left hand. My door had been locked so told him it was locked and then said unlock with left hand, leaving right one out window. I opened the outside door latch as directed and proceeded ever so gently to get out as directed and up against car. Another squad arrived w/in 1.5 mins. That officer handcuffed, then frisked and searched me. I'm assisted to back seat of original squad car. A mininum of 8-10 squads had arrived by this time appox 2-4 mins. My CWP is in my wallet in the door and I told him.

After lotsa questions he said he couldn't verify my CWP (Ut) and was going to keep my UT CWP, Weapon, and magazine then gave me a case number. I was not cited. Was told to contact the PD about getting my weapon back.

I have a feeling I may be facing some problem/s in all this. Ut allows a CWP open view in car BUT This was/is not Ut, it's TX! There was no criminal act or intent, however I find that TX, amongst all the states I was travelling, doesn't permit OPEN VIEW. (UT, WY, CO-except some of Denver, NM and OK) even though I didn't intend at all for it to be open view, I just pulled the pillow and fell immediately asleep. My bad and detriment I'm sure even without intent.

Your take please. I'm poor too and without my CW. :nono:
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Re: Legal Ques

Post by Purplehood »

trvlinthrutx wrote:Your take please.

Travelled thru Amarillo from a long haul overnighter and exhausted and just wanted to sleep. Pulled into a completely wide open parking lot approx 515PM. My Ut CWP'd weapon had been on my seat the past 18hrs covered by a pillow. Pulling into a wide open parking lot, situated and ready to snooze I pull the pillow behind my head and I'm instantly out cold from exhaustion. Next thing I hear is a tapping on my window and its a Police Officer. I roll down my window and he kindly asks what I'm doing. I told him just resting before going on to OK. No sooner had I said that he glanced and saw my weapon in sight on the seat, and so DO I! Yikes! He pulls back, gun drawn and trigger ready with both hands on gun ready to unload on me with a head shot. Shouting put your hands on the wheel, no sudden moves, calling huge backup throng on hand radio, then ordered to put both hands out window and open the door from the outside with my left hand. My door had been locked so told him it was locked and then said unlock with left hand, leaving right one out window. I opened the outside door latch as directed and proceeded ever so gently to get out as directed and up against car. Another squad arrived w/in 1.5 mins. That officer handcuffed, then frisked and searched me. I'm assisted to back seat of original squad car. A mininum of 8-10 squads had arrived by this time appox 2-4 mins. My CWP is in my wallet in the door and I told him.

After lotsa questions he said he couldn't verify my CWP (Ut) and was going to keep my UT CWP, Weapon, and magazine then gave me a case number. I was not cited. Was told to contact the PD about getting my weapon back.

I have a feeling I may be facing some problem/s in all this. Ut allows a CWP open view in car BUT This was/is not Ut, it's TX! There was no criminal act or intent, however I find that TX, amongst all the states I was travelling, doesn't permit OPEN VIEW. (UT, WY, CO-except some of Denver, NM and OK) even though I didn't intend at all for it to be open view, I just pulled the pillow and fell immediately asleep. My bad and detriment I'm sure even without intent.

Your take please. I'm poor too and without my CW. :nono:
Depends entirely on how the LEO presents it and how the DA interprets things. If the LEO accurately describes that he found you asleep in the cab, the DA may or may not conclude that you were up to foul-play. If the LEO does not mention that you were asleep I would guess that things would look bad from the start.

I assume that you have at least consulted a lawyer, no?
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Re: Legal Ques

Post by Crossfire »

30and36owner wrote:Thank you for your help! At what point will they need that info. Since the process takes awhile, could I begin with the class and paperwork.
Take your class first. You will learn there exactly what you need and how to get it. Then get your disposition records and send it in to DPS with your application.
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Re: Legal Ques

Post by Crossfire »

trvlinthrutx wrote: After lotsa questions he said he couldn't verify my CWP (Ut) and was going to keep my UT CWP, Weapon, and magazine then gave me a case number. I was not cited. Was told to contact the PD about getting my weapon back.

I have a feeling I may be facing some problem/s in all this. Ut allows a CWP open view in car BUT This was/is not Ut, it's TX! There was no criminal act or intent, however I find that TX, amongst all the states I was travelling, doesn't permit OPEN VIEW. (UT, WY, CO-except some of Denver, NM and OK) even though I didn't intend at all for it to be open view, I just pulled the pillow and fell immediately asleep. My bad and detriment I'm sure even without intent.

Your take please. I'm poor too and without my CW. :nono:
You need legal help from someone in the Amarillo area. Texas does not allow open carry, even in a vehicle, but your failure to conceal must be "intentional" to be a violation.
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Re: Legal Ques

Post by aardwolf »

trvlinthrutx wrote:I have a feeling I may be facing some problem/s in all this. Ut allows a CWP open view in car BUT This was/is not Ut, it's TX! There was no criminal act or intent, however I find that TX, amongst all the states I was travelling, doesn't permit OPEN VIEW. (UT, WY, CO-except some of Denver, NM and OK)
Open carry is illegal in Texas for the common people, except in your home and at the range and other special cases. Concealed carry is legal in your vehicle in Texas even without a license thanks to the motorist protection act. Keep it hidden and stay safe.
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Re: Legal Ques

Post by boomerang »

Crossfire wrote:
30and36owner wrote:Thank you for your help! At what point will they need that info. Since the process takes awhile, could I begin with the class and paperwork.
Take your class first. You will learn there exactly what you need and how to get it. Then get your disposition records and send it in to DPS with your application.
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Re: Legal Ques

Post by casingpoint »

Texas cops can be a theatrical lot sometimes. Then I've run into some pretty cool heads out there over the years also. You just got yourself one of the bozo types. In the younger ones, I think their behavior is adversely influenced by the video games they grow up playing. They seem to be running on their own hot air.
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Re: Legal Ques

Post by barres »

Crossfire wrote:
trvlinthrutx wrote: After lotsa questions he said he couldn't verify my CWP (Ut) and was going to keep my UT CWP, Weapon, and magazine then gave me a case number. I was not cited. Was told to contact the PD about getting my weapon back.

I have a feeling I may be facing some problem/s in all this. Ut allows a CWP open view in car BUT This was/is not Ut, it's TX! There was no criminal act or intent, however I find that TX, amongst all the states I was travelling, doesn't permit OPEN VIEW. (UT, WY, CO-except some of Denver, NM and OK) even though I didn't intend at all for it to be open view, I just pulled the pillow and fell immediately asleep. My bad and detriment I'm sure even without intent.

Your take please. I'm poor too and without my CW. :nono:
You need legal help from someone in the Amarillo area. Texas does not allow open carry, even in a vehicle, but your failure to conceal must be "intentional" to be a violation.
Ah, but traveling is an exception to UCW (all of it), even if you don't meet the presumption of traveling. Trvlinthrutx stated that he told the officer that he was resting before continuing on to OK. That establishes that he was traveling. I agree he needs a lawyer, but this should be a no-brainer, especially if the officer's dash-cam and/or mike were working and trained on Trvlinthrutx's vehicle. As usual, though, IANAL, IMHO, YMMV, etc.
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trvlinthrutx
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Re: Legal Ques

Post by trvlinthrutx »

Thank you for all the replies. Heretofore I haven't received a call from the AMA PD about my weapon and permit being returned. Should I press to have them returned or should I just chock it up to an expensive screwup mistake on my part? I sure did like the gun. My brother gave it to me last Feb. Nice flawless conditioned Makarov.
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