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by Jumping Frog
Mon Apr 20, 2015 7:48 pm
Forum: General Texas CHL Discussion
Topic: Deferred domestic
Replies: 33
Views: 4722

Re: Deferred domestic

CleotisWalther86 wrote:The issue was whether or not there was a finding of Domestic violence by the judge in that instance. If there was a finding of domestic violence or family violence, then that should have disqualified me from purchasing or owning a firearm under federal regulations
A sibling is not a disqualifying relationship anyway. You were never at risk of losing your firearm rights.

Here is what applies:
"was 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."
See: https://www.atf.gov/firearms/faq/misdem ... lence.html" onclick="window.open(this.href);return false;
by Jumping Frog
Tue Apr 14, 2015 5:32 am
Forum: General Texas CHL Discussion
Topic: Deferred domestic
Replies: 33
Views: 4722

Re: Deferred domestic

There are states that have a well defined mechanism in their statutes for having a record sealed and firearm rights restored. It typically is available only to first time offenders with one felony, or possibly one or two misdemeanors. There will be a period of time after the conviction is "final", meaning all sentences or probation is served, such as 3 years after the sentence is complete. The process requires petitioning a judge with statements and supporting witnesses arguing why the person is now living a clean life and deserves record sealing or rights restoration. The prosecutor has the right to object or support the petition.

The sealed record is still available to law enforcement and prosecutors, and considered by a jury, if they are investigating or prosecuting subsequent crimes.

Personally, I am OK with someone being given one lifetime chance at clearing their record. I've seen people do stupid things when they were young. Heck, I remember doing stupid things myself when I was young and am fortunate I was never arrested. Some people are lucky like I was, other people learn their lessons the hard way.
by Jumping Frog
Sun Apr 12, 2015 7:22 pm
Forum: General Texas CHL Discussion
Topic: Deferred domestic
Replies: 33
Views: 4722

Re: Deferred domestic

C-dub wrote:Welcome to the forum!

There are a few possibilities. In Texas, deferred adjudication is usually the same as a guilty plea and would be a permanent deferral for a CHL. Also, it might prohibit you from owning firearms at all according federal laws.

https://www.atf.gov/firearms/faq/misdem ... lence.html" onclick="window.open(this.href);return false;

Since the domestic, have you purchased a firearms from an FFL after listing this on the 4473 form?
Deferred adjudication does NOT count as a conviction for anything (state or federal) EXCEPT for CHL eligibility. Assuming misdemeanor, a deferred adjudication is NOT a conviction for federal misdemeanor crime of domestic violence. If the adjudication was finally settled more than 5 years ago, it does not disqualify you for a CHL.

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