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by KBCraig
Mon Mar 27, 2006 4:22 pm
Forum: General Texas CHL Discussion
Topic: Getting CHL
Replies: 8
Views: 1177

kvnc75 wrote:Thanks for all your help,I'm sure i will not be able to get my chl,but does an ex-girlfriend count as an immediate family member? I am happily married now with a child and have my eye on a G39 for home protection. ;-) If the ex is not considered an immediate family member would i be able to own or posess a firearm?
It all hinges on whether or not you lived together. If you lived together at any time before or during the incident that caused you to wind up in jail, then she was "a person similarly situated to a spouse".

If you sorta-shacked, meaning you each had your own places, but spent a lot of nights together, I'd say you're in the clear. But if you were living in the same place, and neither of you had another place to call home (with phone bill, utilities, lease, etc.), then you're out of luck.

I know it seems crazy, but that 30 day misdemeanor could turn into a five year federal felony for "possession of a firearm by a prohibited person", or for false statements on a 4473 if you answer "no" to the domestic violence question when buying a gun.

You need to get a copy of your "J&C" (judgement and commitment) from the court where you appeared. Read it carefully. Then talk to a lawyer who understands firearms law. A couple of hundred bucks' worth of a lawyer's time would be money well spent if it keeps you out of prison.

Kevin
by KBCraig
Mon Mar 27, 2006 12:41 pm
Forum: General Texas CHL Discussion
Topic: Getting CHL
Replies: 8
Views: 1177

Re: Getting CHL

kvnc75 wrote:Can you get your CHL if you have a MISDEMEANOR domestic violence charge that is over ten years old?Can someone help me with this,I haven't been able to find a definite answer.
Let's separate "charge" from "conviction". Were you convicted? (And that includes pleading guilty or pleading no contest. If there was any penalty, then you were convicted.)

Next, if you do have have a conviction for violence against an immediate family member, then it's illegal for you to even own or possess a firearm. Doesn't matter if it was a misdemeanor. Doesn't matter how long ago it was. You can forget getting your CHL, and you probably want to consult a lawyer about how to divest yourself of any guns you already own. You can thank the retroactive "Lautenberg amendment" for this.

Kevin

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