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CHL question for a friend
Posted: Tue Oct 23, 2007 9:07 am
by attila79
Well I have a friend of mine who wants to get his CHL, but he got into a little trouble when he was 17yrs old.
It was a Misdemeanor A for domestic violence. He was tried has an adult, but its been over 12 yrs. Will this automatically disqualify him?
Posted: Tue Oct 23, 2007 9:13 am
by Crossfire
yes
Posted: Tue Oct 23, 2007 9:14 am
by seamusTX
A misdemeanor domestic violence conviction makes a person ineligible to purchase or possess firearms or to get a CHL.
Your friend needs to make sure he was really convicted of a disqualifying offense. He should get his hands on the order of conviction (or whatever it's called) and see what it says. He may need to consult a lawyer to be sure.
P.S.: Looking at PC § 22.01, if he got a misdemeanor assault conviction, that's simple assault. Assault of a family member is a felony. I'm talking about current Texas law. I don't know what the law was 12 years ago or even if the conviction was in Texas.
- Jim
Posted: Tue Oct 23, 2007 9:23 am
by attila79
seamusTX wrote:A misdemeanor domestic violence conviction makes a person ineligible to purchase or possess firearms or to get a CHL.
Your friend needs to make sure he was really convicted of a disqualifying offense. He should get his hands on the order of conviction (or whatever it's called) and see what it says. He may need to consult a lawyer to be sure.
P.S.: Looking at PC § 22.01, if he got a misdemeanor assault conviction, that's simple assault. Assault of a family member is a felony. I'm talking about current Texas law. I don't know what the law was 12 years ago or even if the conviction was in Texas.
- Jim
The conviction was in Texas. I guess an easy way to find out is to try and purchase a firearm is there any harm with that? I figure if he can get a firearm then he should qualify. Am I wrong about this?
Posted: Tue Oct 23, 2007 9:32 am
by seamusTX
attila79 wrote:I guess an easy way to find out is to try and purchase a firearm is there any harm with that?
Yes. It's a federal felony to try to purchase a firearm if you know you're disqualified.
It's also possible that the misdemeanor conviction is not in the NICS database, but the CHL background check will find it, and your friend just flushed $250 down the toilet.
- JIm
Posted: Tue Oct 23, 2007 9:38 am
by attila79
Hey guys thanks for you advice and suggestions. I'll just get him to get a lawyer to be absolutely sure.
Posted: Tue Oct 23, 2007 9:48 am
by seamusTX
One other thing: If the guy really has a domestic violence conviction, that's a nasty thing to have on his record. He may be able to get a pardon from the Governor. I don't know how that works.
- Jim
Edited to fix typo.
Posted: Tue Oct 23, 2007 9:50 am
by txinvestigator
17 year olds are always tried as adults, as they are under Texas Penal Law.
Posted: Tue Oct 23, 2007 2:22 pm
by KBCraig
txinvestigator wrote:17 year olds are always tried as adults, as they are under Texas Penal Law.
They are tried as adults for Minor In Possession?
Posted: Tue Oct 23, 2007 3:08 pm
by txinvestigator
KBCraig wrote:txinvestigator wrote:17 year olds are always tried as adults, as they are under Texas Penal Law.
They are tried as adults for Minor In Possession?
lol. MIP is not a Penal Law.
Posted: Tue Oct 23, 2007 9:17 pm
by shootthesheet
It was "penal" related when my parents locked me down for six months after getting one.
You can take that one how you wish. 10 year old rule or not.
Posted: Wed Oct 24, 2007 2:21 am
by KBCraig
txinvestigator wrote:KBCraig wrote:txinvestigator wrote:17 year olds are always tried as adults, as they are under Texas Penal Law.
They are tried as adults for Minor In Possession?
lol. MIP is not a Penal Law.
LOL, I know, just had to yank the ol' chain a bit.
There have been cases in other states of teens being tried as adults for producing child pornography, when they themselves were the "child" in question.
What irony.
