TexasCHLforum.com

I have a one criminal conviction and a few traffic violations and I was wondering if anyone would know if it would hold me back from getting a Texas CHL.

March 2004 Class C Misdemeanor Assault By Contact Status - Convicted (Since I pleaded "no contest")

And about 4-5 moving violations that I've done defensive driving for, and two I just paid the fine on since I didn't qualify for defensive driving... So does anything think this would hold me back from getting a CHL in Texas?

All Class C misdemeanors?

Then you're good as long as none of them are alcohol offenses or considered a violation of Texas penal code 42.01 regarding disorderly conduct. Assault by contact falls under 22.01, so a Class C is OK. If you've had two alcohol offenses within 10 years of each other, you're considered chemically dependent and aren't easily eligible.

Nothing you enumerated is problematic.

If the assault by contact was against someone defined as a "family member" then it is a lifelong bar to possessing firearms, ammo, or ammo components pursuant to the federal Violence Against Women Act. Therefore, it is also disqualifying for a Texas CHL, but that's minor compared to the federal problem.

Chas.

I've never been charged with any alcohol offense. Just the class C misdemeanor Assault by Contact.

What's confusing to me is it was against my sister, I was 17 and she was 15. I was arrested and spent 3 hours in jail. A judge then saw me and I pleaded no contest.. So for many years I thought it was a family violence charge. One day I got curious about it and called the police station to find out what the charge was. They said they couldn't tell me what the charge was but it appeared to them to be family violence. So they gave me the number to the court office. I called the court and the court said "no it's not a family violence charge, it's a Class C Misdemeanor assault by contact. She said they don't handle any family violence or domestic violence charges, so she gave me a number to another court. I then called the next court and they said they had no charges for me at all.

I can legally buy firearms, since i've bought 1 shotgun, 2 pistols and a long rifle in the past 4 years. (All after this conviction)

Anyways I hope you guys can give me a good clear answer it's confusing to me because I don't want to spend a lot of money and just be denied, but I don't see anywhere, where it says I would be denied for a class c assault by contact. Thanks

First of all, I am not a lawyer. If I were in your situation, I would contact the court and get certified copies of all of the documents that they have for your case (charges, disposition, etc.) and then contact the CHL department at the DPS and speak with them about it. (800) 224-5744

Whether or not an act constitutes "family violence" is determined by who was assaulted, not by the title on the court's charging documents.

Chas.

I am not a lawyer either, but with the details you have provided, what Charles has stated, and knowing what questions are on the 4473, if I were you I stop worrying about a CHL, stop posting on public forums, definitely NOT talk to DPS or any other enforcement agency, but I WOULD talk to a criminal defense lawyer ASAP about your situation.

ELB wrote:I am not a lawyer either, but with the details you have provided, what Charles has stated, and knowing what questions are on the 4473, if I were you I stop worrying about a CHL, stop posting on public forums, definitely NOT talk to DPS or any other enforcement agency, but I WOULD talk to a criminal defense lawyer ASAP about your situation.

Thanks for your very informatory post. This post has absolutely no useful information outlined in it at all. One, the DPS can't do anything but tell me the truth. The case has been closed for 6 years, the court has defined the case as "Class C Misdemeanor: Assault By Contact" Without NO family violence connected to it.
I can legally buy firearms it's pretty clear I wouldn't be able to buy firearms if the case was in fact a Family Violence charge.

I know I read someone said the state goes by not by what the case is defined as but who the crime was committed against... This is unclear to me, the court even told me them self they have no records saying anything about who the crime was committed against. So if the disposition of the court is "Assault by Contact" does that mean the state will say "I don't believe this I want to call the police station and find out specifically who the crime was committed against." Do they not follow the final result the judge has placed?

I don't need to talk to a criminal defense lawyer "ASAP" for any apparent reason either. I only have to speak with what I was charged with, I'm not trying to become a cop. I'm not even breaking the law.

Even when buying a gun the magic question is, "Have you ever been convicted of a crime of Family Violence or Domestic Violence?"
The question is not "Have you ever pushed a family member or spouse?"
So even if I have pushed a family member it has no connection to my case. Since I can simply so "No" because I have NO convictions for family violence or domestic violence.

After doing hours of research I have come across the definition of "Misdemeanor crime of domestic violence"

(33)
(A) Except as provided in subparagraph (C),[2] the term “misdemeanor crime of domestic violence” means an offense that—
(i) is a misdemeanor under Federal, State, or Tribal [3] law; and
(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victiwm, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

Legal Definition of cohabiting. A living arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage.

None of these scenarios APPLY to a Brother, Sister relationship. So I am not in violation of the Lautenberg Law since my "Assault By Contact" isn't confised to the federal code to be a crime of domestic violence since it doesn't fall into the definition of "Misdemeanor Crime of Domestic Violence".

The parents were in the house when it happened as can be read in the statement written by the officer. So I am NOT in violation of any law.

Welcome to the forum, and good luck in your pursuit of a CHL. Just be aware that this will show up in your background check, and the fact that it was your sister may make someone ask questions about the case. I hope it works out for you.

I talked to the Criminal Investigations Department for the Texas CHL today, and they said if it was against a sibling, and I was NOT watching over that sibling it is NOT considered family violence or domestic violence.

Good luck!

I wish some of the people that said I was in violation of a law would respond instead of just remaining silent when they were wrong.

De4dD0g wrote:I wish some of the people that said I was in violation of a law would respond instead of just remaining silent when they were wrong.

Don't worry about it. Nobody is keeping score.

In the final analysis you need DPS to say, on the record, your conviction will/should not affect your ability to obtain a CHL. I don't blame you for not wanting to spend the $140 until you get some sort of assurance it's not completely wasted money. Only DPS can tell you how they will view the offense, so they are the ones that I would ask. It sounds like you've already done that, but you might want to ask them to send you an official letter to that affect before spending the money.

Oh, and slow down. If you're going to be a CHL holder you need to become a responsible, mature citizen who represents the best of America.

Yep I know I went through two operators at the CHL Criminal Investigation center before I finally got someone higher up who knew for sure. As he said it's a touchy scenario since family violence is very serious, but sibling sibling fight isn't family violence and not considered family violence by the US, or Texas. So as he I'm okay to apply for a CHL as long as everything I had told him was correct, which will be compared to the police report written by the officer.