Deferred domestic

[Keith B]

I have a similar issue. I'm 28 now, and 12 and 13 when I was arrested for fighting with my younger brother who is 3 years younger than me. I wish I didn't have to wonder if my CHL application is going to go through because of these arrests. I haven't been able to get a copy of my sealed records or disposition. All I can get is a letter from the court saying that there are no such records available which is what I sent to DPS. I don't even have dates or the exact charges.

I've never had an issue purchasing a firearm in Texas or anywhere, and I even received a low level security clearance when I was in the Navy. I spoke with a lawyer at [Pre-paid legal service] who told me that this fact was key. If I've been able to purchase firearms, then I should be fine is what she said. But this pops up occasionally for different reasons. I even had an internship with Merrill Lynch, and they could see that I was arrested as the result of my background check, but not the nature of my arrests (which is even worse than them knowing the details in my case, because they're left wondering what kind of awful criminal they've hired.)

I understand the recidivism rates, but there should be a process for the statistical anomalies to regain their rights (especially when they were never in a position to defend themselves as a minor, where in many cases, the people in charge of making decisions regarding their defense, were the same people who called the police in the first place, their parent(s).)) 15 years, 2 combat tours, graduating from high school and college, marrying, and having children have not earned me any peace of mind. Incidentally, my brother and I are very close these days.

Your ability to buy a firearm is not a guarantee of your eligibility to get a Texas CHL. There are a lot of other things that can keep you from getting your concealed license when you are perfectly legal to buy a firearm. That's the reason many of the OCT members and others pushing for unlicensed open carry are wanting it so badly, because they can't get a license. The fact that one of their lawyers gave you this information is one of the reasons I feel [Pre-paid legal service] is not it is all cracked up to be and that their lawyers may not be as up to snuff on CHL laws as they purport they are.

Now, as to your eligibility, I think there should be no problem, even if it is on your record. I am pretty sure your family violence charge as a juvenile would not have been a felony, so as a Misdemeanor it would only disqualify you if it occurred in the previous 5 years.

Hope it all works well for you!

[CleotisWalther86]

I have a similar issue. I'm 28 now, and 12 and 13 when I was arrested for fighting with my younger brother who is 3 years younger than me. I wish I didn't have to wonder if my CHL application is going to go through because of these arrests. I haven't been able to get a copy of my sealed records or disposition. All I can get is a letter from the court saying that there are no such records available which is what I sent to DPS. I don't even have dates or the exact charges.

I've never had an issue purchasing a firearm in Texas or anywhere, and I even received a low level security clearance when I was in the Navy. I spoke with a lawyer at [Pre-paid legal service] who told me that this fact was key. If I've been able to purchase firearms, then I should be fine is what she said. But this pops up occasionally for different reasons. I even had an internship with Merrill Lynch, and they could see that I was arrested as the result of my background check, but not the nature of my arrests (which is even worse than them knowing the details in my case, because they're left wondering what kind of awful criminal they've hired.)

I understand the recidivism rates, but there should be a process for the statistical anomalies to regain their rights (especially when they were never in a position to defend themselves as a minor, where in many cases, the people in charge of making decisions regarding their defense, were the same people who called the police in the first place, their parent(s).)) 15 years, 2 combat tours, graduating from high school and college, marrying, and having children have not earned me any peace of mind. Incidentally, my brother and I are very close these days.

Your ability to buy a firearm is not a guarantee of your eligibility to get a Texas CHL. There are a lot of other things that can keep you from getting your concealed license when you are perfectly legal to buy a firearm. That's the reason many of the OCT members and others pushing for unlicensed open carry are wanting it so badly, because they can't get a license. The fact that one of their lawyers gave you this information is one of the reasons I feel [Pre-paid legal service] is not it is all cracked up to be and that their lawyers may not be as up to snuff on CHL laws as they purport they are.

Now, as to your eligibility, I think there should be no problem, even if it is on your record. I am pretty sure your family violence charge as a juvenile would not have been a felony, so as a Misdemeanor it would only disqualify you if it occurred in the previous 5 years.

Hope it all works well for you!

Hi Keith, The lawyer was speaking specifically to me about my set of circumstances. In the context of the conversation I had with her, she did not mean to imply that the ability (or inability) to purchase a firearm was the only thing that can disqualify you from obtaining a CHL. 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 and since it hasn't obviously, her best guess was that I am fine. While my ability to purchase a firearm does not guarantee that I'm eligible to obtain a CHL, if the opposite were true . . . That is, if I WEREN'T legally able to purchase a firearm, it would guarantee that I'm not eligible to obtain a CHL.

I'm not an apologist for [pre-paid legal], but I am a member, and I haven't had any problems with them so far. It remains to be seen as to whether or not this one of their lawyers was correct about my CHL eligibility.

[Jumping Frog]

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;

[clarionite]

I'm 100% with you on this, We've got class c misdemeanants with lifetime federal firearms ban. The Federal "domestic violence" definition is very loose. I think that states could define it "out" of the federal prohibition, maybe.... And also know that there is no clear way to identify "DV" in the federal system. Especially problematic is the woman ('cause it's always a woman, right??) who copped to a class c or b before Sen Lautenberg's law, for shoving her husband. And the female that "slapped" her intimate partner for making a sexist remark...

I'm no more OK with a woman slapping a man than I am with a man slapping a woman. Neither are appropriate in my book.

do you consider such "slapping" a felony that should permanently ban a woman from owning a gun?

I don't see it any different than any other adult slapping another adult.

Why is it different?

The laws may be specific regarding a man slapping a woman, but I doubt it. The question at this point in this discussion is whether or not you think a slap deserves a permanent deferral.

No the question posed to me was specifically about a woman slapping a man. I answered that I believe in equal rights for all. I don't believe in discriminating against women due to their sex.

To answer your latest question, I believe in looking at the entire situation. If a man hits a woman, he's shown a lack of respect for her and her well being. I believe it calls for at least a temporary suspension of his rights to carry. Quite possibly more. If a woman hits a man, she's also shown a lack of respect for him and his well being. Why should she be treated any differently?