Getting CHL

[kvnc75]

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.

[KBCraig]

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

[kvnc75]

Well i'm not sure,i pleaded no contest and that was after spending 30 days in county jail and i was able to walk out the door with no probation,community service or anything.I guess you could call it time served.And no it was not an immediate family member,it was my ex-girlfriend.So does this mean i can own handguns but cannot get my chl?

[DKSuddeth]

If you plead 'no contest', you basically admitted guilt which means you have a misdemeanor conviction of domestic abuse. You probably were let go with 'time served'?

In any case, I don't believe you are even allowed to own a firearm, much less carry one.

I would definitely contact a lawyer for more precise answers.

[kvnc75]

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?

[DKSuddeth]

"The term `crime involving domestic violence' means a felony or misdemeanor crime of violence, regardless of length, term, or manner of punishment, 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 under the domestic or family violence laws of the jurisdiction in which such felony or misdemeanor was committed.'."

This, in effect, renders you to a status of not being able to own a firearm.\

Again, I am not a lawyer so please get the professional advice of one. If you don't and you even attempt to purchase said G39, you will most likely be paid a visit by texas finest.

[Greybeard]

"retroactive "Lautenberg amendment" for this."

Don't feel lonesome. Even lots of LEOs lost jobs over such ...

[KBCraig]

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

[kvnc75]

Thanks guys,I said i had my eye on one,i didn't say i owned one,that's why i got on here to find out the law first before i make a mistake and try to get one.I guess im just outta luck and i will take up paintball,archery,curling or something like that.