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by jr0ck
Sat Feb 09, 2013 7:48 pm
Forum: General Texas CHL Discussion
Topic: DWI conviction and CHL
Replies: 54
Views: 9861

Re: DWI conviction and CHL

E.Marquez wrote:Yup, and from my perspective as a father, husband, human, Senior Army leader...
What you just posted is no more then a minor inconvenience that has little to no lasting effect as a deterrent to keep folks from drive while intoxicated, or doing it a second time (3rd., 4th, 5th)

All that aside...
Im just fine with the state of Texas denying an applicant convicted of DWI a concealed hand gun licence. I'd be more then just fine if there was a 10 year ban on having a drivers licence for the 1st DWI convection and a 25 year at hard labor sentence if caught driving on a DWI suspended licence.
Its easy to say that from the other side. But you clearly aren't putting yourself in my shoes. Ever been to jail? I would bet not. That experience alone is life changing. I have no prior record. The idea that a cop gets that much power over me simply because I consumed alcohol is enough for me to not drink again regardless of legality.

Additionally, there is no need for more harsh penalties as the second constitutes dependence, and therefore prevents a CHL for (i believe) 10 years. The third is a felony(no chl for life).
by jr0ck
Sat Feb 09, 2013 7:27 pm
Forum: General Texas CHL Discussion
Topic: DWI conviction and CHL
Replies: 54
Views: 9861

Re: DWI conviction and CHL

E.Marquez wrote:
jr0ck wrote:I realize that a DWI conviction (class B misdem) disqualifies you for 5 years from the date of conviction. But in another state, like Louisiana, it only disqualifies you for a year. So I have a few questions here.

1. Why does a non-violent misdemeanor disqualify you at all? If you don't have your gun in the car, or on you, isn't the misdemeanor punishment enough? If you do have it, you get a slew of other charges with it... So again, isn't that punishment enough?

!
Why? Perhaps it's not looked at as punishment.. Perhaps the state feels, if one can not be trusted with a 5,000 lb deadly weapon (ie driving while intoxicated), you should not be given a license to carry a concealable deadly weapon . :thumbs2:

And since you asked, no, a slap on the wrist, no real jail time, and mostly just a monetary and basic time inconvenience that is a DWI convection is not punishment enough :tiphat:
Thanks for the feedback, but its not just a monetary inconvenience. So I kind of disagree with you on that.

1. Community Service (40 hours at an animal shelter). This would be a good experience but you do not get to interact with the animals at all. They remove the animal, you clean the crap. Then do laundry, wash cages, do dishes, etc.

2. Probation (comes with a lot of terms)
a. no gun/ammo ownership OR transfer.
b. cant leave the county without 2 weeks notice AND permission(which may not be granted)
c. high risk insurance + hardship license so you can drive to work
d. random drug/alcohol tests (really just at your check ins)
e. home visits from your PO and you _must_ invite them in
f. no changing jobs without permission from PO
g. provide breath samples with no probably cause if asked by LE
h. submit evaluation of your education skills (a bachelors degree will eliminate this)
i. no alcohol in your house, and you are not allowed to consume alcohol for the year you are on probation. (kind of obvious)

3. The initial 2-3 days in jail you get with the arrest.
4. DWI Education course. This means you go to a 12 hour DWI education class. You _must_ pass the test, or repeat the class.
If you really make your PO angry.
5. 90 day outpatient treatment. This means you go to a class 2 days a week for 3 months.

If you think the attitude you get from LE is bad, you should see how a PO acts.

Coming back to the point. Isn't the year of not being allowed to own guns while on probation, as well as all the hoops you have to jump through enough? Keep in mind, you dont have to be over .08. They just have to suspect impairment and you refuse tests, and you get a DWI charge.
by jr0ck
Sat Feb 09, 2013 6:32 pm
Forum: General Texas CHL Discussion
Topic: DWI conviction and CHL
Replies: 54
Views: 9861

DWI conviction and CHL

I realize that a DWI conviction (class B misdem) disqualifies you for 5 years from the date of conviction. But in another state, like Louisiana, it only disqualifies you for a year. So I have a few questions here.

1. Why does a non-violent misdemeanor disqualify you at all? If you don't have your gun in the car, or on you, isn't the misdemeanor punishment enough? If you do have it, you get a slew of other charges with it... So again, isn't that punishment enough?

2. If you change residency to another state, and then apply in that state, wouldn't Texas recognize your reciprocity anyway? Or is there some kind of safe-guard in place to catch this loop hole? I realize its not realistic to pick up your whole life and move for a CHL. But i'm just curious.

Thanks in advance!

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