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by kurt_cobain
Tue Nov 11, 2008 12:00 pm
Forum: General Texas CHL Discussion
Topic: Question regarding restraining order
Replies: 21
Views: 3066

Re: Question regarding restraining order

gregthehand wrote:I she trying to get a protective order or a restraining order? There is a big differance....
Protective order...

As it turns out, it's a protective order against calling her names lol. How silly... I dont' think my chl will be affected by it.

Having said that, I think the policy is REALLY stupid to revoke CHL's based on some form anyone can pay a few bucks and fill out. taking someone's CHL WILL NOT stop them if they are intent on a rampage, we've learned that time and time again. "Ooops! I better not shoot my Ex wife, my CHL has expired! darn" Lol.

I did get a definitive answer, and I didn't have to contact a lawyer to get it. I called the offices in Austin and after talking to 3 different people got someone "in the know" and they said that if you have a restraining order, they get a copy of it eventually and notify you it's been revoked, typically for 2 years. WOW. Unbelievable.
by kurt_cobain
Thu Nov 06, 2008 10:17 am
Forum: General Texas CHL Discussion
Topic: Question regarding restraining order
Replies: 21
Views: 3066

Re: Question regarding restraining order

Thanks for the link wild bill.

In my opinion, she is abusing the spirit of what a protective order is about in for her personal agenda. I normally wouldn't care, except that she's doing this to strip me of my chl, which really hurts. Again I think it's INCREDIBLY stupid that the law will invalidate a chl because of someone filing some stupid order liked that - having or not having a chl would NEVER stop someone from "going off" on someone, anymore than having an "illegal silencer" would stop someone in the mob from doing a hit.

Ridiculous. Sigh.
by kurt_cobain
Wed Nov 05, 2008 4:16 pm
Forum: General Texas CHL Discussion
Topic: Question regarding restraining order
Replies: 21
Views: 3066

Re: Question regarding restraining order

WildBill wrote:IANAL, but here is the law. I believe it can be revoked if you no longer meet the original criteria [except as noted in the law.] As far as not being married I believe that protective orders consider former spouses as family members.

As I stated in my first post, I believe that you should talk to a lawyer who is familar with these laws. This forum has a lot of knowledgable people, good information and resources, but it can not replace sound legal advice.
:tiphat:

GC Section 411.186. REVOCATION. (a) A license may be revoked under
this section if the license holder:
(I) was not entitled to the license at the time it was issued;
(2) gave false information on the application;
(3) subsequently becomes ineligible for a license under Section
411.172
, unless the sole basis for the ineligibility is that the license
holder is charged with the commission of a Class A or Class B misdemeanor
or an offense under Section 42.01, Penal Code, or of a felony
under an information or indictment;
(4) is convicted of an offense under Section 46.035, Penal Code; -

Well, 411.172 says this:

"(13) is not currently restricted under a court
protective order or subject to a restraining order affecting the
spousal relationship, other than a restraining order solely
affecting property interests;"

She is NOT my spouse. I'm predicting that this would not make me ineligible... I will find out soon, and post the result. If it does, that's a dumb law, to say the least, because that means any ex-wife can get your license revoked and mess with your life by doing this.

Not to mention that even the spirit of what it's trying to do is STUPID anyway, because if some ex-husband is going to go on a killing spree toward his ex-wife, he certainly is NOT going to care one bit if his CHl has been suspended.

Thanks
by kurt_cobain
Wed Nov 05, 2008 10:52 am
Forum: General Texas CHL Discussion
Topic: Question regarding restraining order
Replies: 21
Views: 3066

Re: Question regarding restraining order

Well I'm not confident I"ve gotten an accurate answer to my question.

There are two issues with the eligibility requirements that lead me to elieve that if she gets it on me that it will NOT revoke my CHL. One, she isn't my "spouse" anymore, we're not married. And 2, the language is talking about eligibility requiremnts and says you can't "currently have" etc. Well, I already HAVE my CHL, I'm not trying to apply for a new one.

I find it hard to believe that, as easy as it is to get a restraining order on ANYONE, that simply filing one on someone could have them ineligible for getting a CHL, firearm etc. I mean, basically that means I could go do that to someone I didn't like, just to F with them.

Also, I'd like to not focus on whether she can get the order, butmore on whether if she got it it would invalidate my CHL.

As for why she's doing this, the reason should be obvious.... she's tryin gto hurt me anyway she can, and she knows I have a CHL and that I am into guns as a hobby somewhat. Of course she claims she's "worried" that I carry it since we're fighting righ tnow - and that's absolutely absurd. I have no criminal background whatsoever (obviously - I have a CHL! Duh) etc. She's just stupid and trying to hurt me, any way she can.

As for claiming I'm harrasing her? LOL! I asked her to stop calling me the other day. I got two phone calls (that I ignored) and 3 text pages (underanswered ) LAST night. Doesn't sound like I'm doing any harassing here... geez.
by kurt_cobain
Tue Nov 04, 2008 3:11 pm
Forum: General Texas CHL Discussion
Topic: Question regarding restraining order
Replies: 21
Views: 3066

Question regarding restraining order

The "eligibility requirements" read:

(13) is not currently restricted under a court protective order or
subject to a restraining order affecting the spousal relationship, other
than a restraining order solely affecting property interests;


Well, I hav ea problem.... I've had my CHL for over a year now, and I just started having problems with my ex-wife. We've been divorced about 3 years, and we're going back to court. She's trying to various things to me, but that's all irrelevant to this question. One of the things she's doing is trying to do apparently is to get my CHL revoked by filing a RIDICULOUS restraining order against me (I see this woman like 2x/week when we exchange the kids, and I call her like once per week, IF that).

So, of course my question is, can she have me stripped of my CHL by doing this? ANYONE can go down and file a restraining order against ANYONE, there are no requirements at all. That sucks. This is completely bogus; she's obviously only doing it because she wants my CHL stripped.

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