TexasCHLforum.com

austinrealtor wrote:

bayouhazard wrote:

austinrealtor wrote:My one and only point is that confiscating the one and only gun accomplishes merely the one and only goal of making the prosecutor "look good" and look like he was tough on ol' BJS. When in fact, as far as I know, BJS can go stick another gun in his glovebox and drive on down the road.

If the prosecutor thinks BJS should not be allowed to have a gun, then he should have pushed for the felony conviction. If the prosecutor thinks it's OK for BJS to have a gun, then he should not have confiscated any gun.

If BJ didn't like the deal, he shouldn't have taken the deal.

When you're in his shoes you have the right to refuse any deal that doesn't return you gun.

Again, not really my point. If BJS is ok with this deal, then good for him. What I'm asking is why - other than to "save face" - would a prosecutor even ask for such a thing?

Because plea bargains are done all the time. It is not uncommon for them to be willing to accept a nolo contendere in return for a reduction in the deal. There are probably things you are not seeing in the background that are the reason for the forfeiture of the gun. It is also very possible the prosecutor threw out a bargaining deal with the intention of the gun confiscation being a 'gimme' negotiation item and willing to allow him to keep it if they countered the offer, but they took the deal. With a very good lawyer like BJS had, you never know what kind of give/take was going on. I have seen negotiations that have all kinds of things that are just ridiculous in them to try and beef up the list. I am sure as a Realtor you have too. Bottom line, unless you have all the details, you don't know why the forfeiture was in requested or agreed to.

austinrealtor wrote:Well here's the answer for all of us who were asking "but what about the gun charges?"

http://www.wacotrib.com/news/Billy-Joe- ... harge.html" onclick="window.open(this.href);return false;

Shaver entered a no-contest plea to a Class A misdemeanor charge of unlawfully carrying a weapon in a March 2007 incident at Papa Joe’s Saloon near Lorena in which Shaver shot Billy Coker in the face.

Prosecutor Mark Parker reduced a third-degree felony charge of carrying a pistol by a licensed person in a licensed premises to the misdemeanor count. The plea agreement with Shaver also called for him to forfeit the Derringer-style, .22-caliber pistol he used to shoot Coker.

Retired State District Judge George Allen also fined Shaver $1,000 as part of the plea agreement.

Shaver’s attorney, Dick DeGuerin, of Houston, said the Grammy-nominated Central Texas artist accepted the plea deal because “he just wanted to get it over with and put it all behind him.”

So haven't had time to look this up in statutes yet, will this plea agreement and accepting this Class A misdemeanor cause him to lose his CHL? It definitely kept him out of jail, but I'd be surprised if he gets to keep the CHL.

They took his pistol, which I don't understand; did they want it for sentimental value? Are they going to auction it off on Gunbroker to pay for trial costs? Probably would fetch more on the open market than scalpers are getting for autographed Rick Perry "Coyote Special" Rugers.

Or maybe they'll turn it in at the next Austin police guns-for-groceries program

A Class A UCW charge should cause his CHL to be revoked by DPS.

texas1234 wrote:That is such a crazy life. You have individuals that live a clean life and die at 40. Then you have guys like this that basically as an analogy wake up everyday and run as fast as they can head first into a brick wall that live to be 70 or more.

These are the kind of individuals that Heaven doesn't want, and the devil is afraid they will take over his place, so they have nowhere to go and they just keep on living.