TexasCHLforum.com

I am just curious if anyone has ever heard of someone which either who's been approved?

We have had LOTS of students with "less than perfect" backgrounds who have received their CHLs.

Did you have a specific question?

Crossfire wrote:We have had LOTS of students with "less than perfect" backgrounds who have received their CHLs.

Did you have a specific question?

Yes. I took my CHL class and passed yesterday. I went on the DPS site last night and applied, paid my dues, etc. While laying in bed and excited about the successful day, I was stricken with panic when I realized that back 15 to 17 years ago I was arrested for threatening to assault and public intoxication and pleaded no contest. It was a very minor situation where my girlfriend was breaking up with me and I was very upset and yelling, emotional, and tried to stop her when she tried to leave. I grabbed her arm and tried to stop her and she took off and called the cops. I got arrested and and pleaded no contest.

When filling out the application last night and it asked if I have been arrested for a crime, I said no. I honestly forgot as I haven't even thought about that night is so many years.

I believe it was a class c misdemeanor but I am convinced I will never get my CHL.

Outside of that one occasion, I have a clean record.

Thoughts?

pmcdn wrote:I grabbed her arm and tried to stop her and she took off and called the cops. I got arrested and and pleaded no contest.

Others will know for sure, but if this was domestic violence, it may be an automatic dis-qualifier

I'd check with the District/County Clerks in the County in which it occurred. See what shows up.

Some places (Harris County and some others) allow you to do a check online for a dollar ... though they only go back so many years

I got a "certification (they stamped an embossed stamp) of No Record Found" when nothing showed up on an arrest I enjoyed back in the early 1970s where charges were dropped.

You'll need to see what the charges were and the disposition.

Teamless is correct. As this was against your girlfriend, you may have an issue if they classified it as domestic assault. And, you MUST list all of your arrests/convictions. Failure to do so may also disqualify you and you could be in trouble for falsifying the document.

EDIT TO ADD: Not sure if you can go back and edit your applicaiton. If not, you need to call the DPS office tomorrow and advise them you realized you DO have a conviction an need to modify your applicaiton. You will also have to send in certified paperwork from teh county where you were convicted.

Keith B wrote:Teamless is correct. As this was against your girlfriend, you may have an issue if they classified it as domestic assault. And, you MUST list all of your arrests/convictions. Failure to do so may also disqualify you and you could be in trouble for falsifying the document.

EDIT TO ADD: Not sure if you can go back and edit your applicaiton. If not, you need to call the DPS office tomorrow and advise them you realized you DO have a conviction an need to modify your applicaiton. You will also have to send in certified paperwork from teh county where you were convicted.

IANAL, but I would wait until I got the county clerk records before contacting the DPS. I would then find a CHL-savy attorney to find get some legal advice prior to amending your application. Since this happened 15-17 years ago, I don't think that the domestic violence provision would apply ex-post facto.

I've had a DUI and was arrested for domestic violence but since I called the cops first and actually had more injuries than she did the judge dropped it to a simple assault charge. My ex came at me with a knife. I was able to get it away from her. I was on my way out the door when she hit me in the back of the head with a wine bottle. It was at that moment that I realized she wanted to fight like a man so i obliged her.

papajohn1964 wrote:I've had a DUI and was arrested for domestic violence but since I called the cops first and actually had more injuries than she did the judge dropped it to a simple assault charge. My ex came at me with a knife. I was able to get it away from her. I was on my way out the door when she hit me in the back of the head with a wine bottle. It was at that moment that I realized she wanted to fight like a man so i obliged her.

So, just for the record, you still got your CHL?

pmcdn wrote:So, just for the record, you still got your CHL?

His answer will be yes, but what you are not realizing, is in his case he states;

papajohn1964 wrote:the judge dropped it to a simple assault charge

Which is not the same as domestic violence, which is probably what yours was, by the sounds of it anyway.

Teamless wrote:

pmcdn wrote:So, just for the record, you still got your CHL?

His answer will be yes, but what you are not realizing, is in his case he states;

papajohn1964 wrote:the judge dropped it to a simple assault charge

Which is not the same as domestic violence, which is probably what yours was, by the sounds of it anyway.

Yep I got my CHL because it wasnt a DV.

I had a Class C misdemeanor conviction in March 2000. I listed this on my CHL application. I recieved my CHL in December of 2010.

The only single Class C that will keep someone from getting their CHL a Disorderly Conduct charge as defined in 42.01.

pmcdn wrote:I am just curious if anyone has ever heard of someone which either who's been approved?

Sure. A single class A or B misdemeanor is a 5 year ban, but after that they're usually eligible if they keep out of trouble.

WildBill wrote:Since this happened 15-17 years ago, I don't think that the domestic violence provision would apply ex-post facto.

Yes, actually, it does. I don't agree with it or think it should be applied retroactively, but that is in fact how it is enforced.

papajohn1964 wrote:

Teamless wrote:

papajohn1964 wrote:the judge dropped it to a simple assault charge

Which is not the same as domestic violence, which is probably what yours was, by the sounds of it anyway.

Yep I got my CHL because it wasnt a DV.

It does not need to be labeled "domestic violence" to be a conviction that counts a "misdemeanor crime of domestic violence" (MCDV) for federal firearms purposes.

If someone is curious, they should review ATF: Misdemeanor Crime of Domestic Violence

Also read the FBI's brochure on Misdemeanor Crimes of Domestic Violence

The key phrase under federal law 18 U.S.C. §921(a)(33) is:

(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 victim, 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.

As far as the use or attempted use of physical force is concerned, a conviction under TPC 22.01 depends upon the specification. Sec 22.01(a)(1) would count as eligible for MCDV if the other parts of the federal statute are met. Sec 22.01(a)(2) would not count, since MCDV threats require threatened use of a deadly weapon, which would be an aggravated assault in Texas law.

When he says, "the judge dropped it down to a simple assault charge", I am assuming he means the Class C misdemeanor for 22.01(a)(2). That would not qualify as MCDV eligible.

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;

(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

However, if someone is convicted of Sec 22.01(a)(1), which is a Class A misdemeanor, then the second part of the question becomes whether the girlfriend is a "qualifying person". Review again: "committed by a current or former spouse, parent, or guardian of the victim, 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.".

If someone has ever lived with a girlfriend or had a child with her, then an assault under Sec 22.01(a)(1) could be a disqualifying crime. The only remaining questions then would be if the person was represented by counsel or knowingly and intelligently waived counsel, and if they were tried by a jury or knowingly and intelligently waived a jury trial.