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Neighbor got a domestic violence arrest
Posted: Fri Jul 03, 2015 11:17 am
by Moby
He wants a CHL but is not sure he can get one.
All charges were dismissed but he did do the ride and overnight stay.
Q1: Can he get a CHL?
Q2: He was told that his firearms may be confiscated even though charges were dismissed.
Any truth to that?
Re: Neighbor got a domestic violence charge
Posted: Fri Jul 03, 2015 11:24 am
by RoyGBiv
Dismissed? As in, not guilty, not pleaded to lesser charge, no deferred adjudication, no protective order currently in force?
Should be ok but will need to provide the record of dismissal.
Re: Neighbor got a domestic violence arrest
Posted: Fri Jul 03, 2015 11:26 am
by Jago668
Far as I know it is only a conviction that would prevent it. As to the second question I don't see why they would be, but who knows what kind of moronic laws are on the books (or what a judge can be talked into). If he is really worried about it, tell him to go someone he really trusts and "sell" his firearms to them.
Re: Neighbor got a domestic violence charge
Posted: Fri Jul 03, 2015 11:32 am
by Moby
RoyGBiv wrote:Dismissed? As in, not guilty, not pleaded to lesser charge, no deferred adjudication, no protective order currently in force?
Should be ok but will need to provide the record of dismissal.
Just text him and he said clean dismiss with no protective orders, deferment, or other conditions. No court date, prosecutor did not press charges.
Thanks sir
Re: Neighbor got a domestic violence charge
Posted: Fri Jul 03, 2015 12:41 pm
by Keith B
Moby wrote:RoyGBiv wrote:Dismissed? As in, not guilty, not pleaded to lesser charge, no deferred adjudication, no protective order currently in force?
Should be ok but will need to provide the record of dismissal.
Just text him and he said clean dismiss with no protective orders, deferment, or other conditions. No court date, prosecutor did not press charges.
Thanks sir
He will still need to list the arrest on the application and get a certified copy of the disposition on the arrest. He needs to get that from the court clerk where the arrest took place. If they show no info, then that is fine, but he needs to list it and send the paperwork showing it was cleared.
Re: Neighbor got a domestic violence charge
Posted: Sat Jul 04, 2015 5:17 am
by casp625
Moby wrote:RoyGBiv wrote:Dismissed? As in, not guilty, not pleaded to lesser charge, no deferred adjudication, no protective order currently in force?
Should be ok but will need to provide the record of dismissal.
Just text him and he said clean dismiss with no protective orders, deferment, or other conditions. No court date, prosecutor did not press charges.
Thanks sir
On the other hand, I had to go to court and fight my "arrest." Lawyers are expensive, especially when the arresting "officer" decides to make up his own facts. Needless to say, after a much lighter wallet, I still received my CHL without incident less than 2 years after the dismissal. To be sure, I listed the arrest on the application and sent in the paperwork which I received from the County Courthouse:
Re: Neighbor got a domestic violence arrest
Posted: Sat Jul 04, 2015 11:31 am
by Moby
Thanks for all the info gents.
I've told him about listing the arrest and providing a certified document from the court showing the dismissal. I also told him about this site.
Appreciate ya