Class C misdemeanor

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texas0415
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Joined: Tue Apr 16, 2013 10:49 am

Class C misdemeanor

Post by texas0415 »

Hello everyone,

I am brand new to this site, so I'm not sure where to post my question but hopefully someone can help me out. I am taking my CHL class this Saturday but am worried that my class C will not allow me to get my CHL. Long story short, my husband came home drunk and angry, wouldn't take no for an answer so I popped him in the nose. He should have slept it off, but since he hit a car in the parking lot leaving the bar, the cops hunted him down, showed up, and saw blood. Normally I could have plead self defense, but if they had taken him instead, he would have been charged with the max penalty, whereas the cops understood exactly what had happened and charged me with the least that they could. All in all, I was arrested for Class C Family Violence, but the charges will be dismissed, or dropped in August if I have no other issues. Considering this is the first time I've EVER been in trouble, I think I"ll be okay.

My question is if having an arrest for Family Violence will be an automatic disqualification? And also, do I need to wait until August, or can I apply now. Sorry this was so long, just want to give the information in order to get the most accurate answers. I will ask my instructor on Saturday, but want to get an idea first. Thanks in advance!
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Keith B
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Re: Class C misdemeanor

Post by Keith B »

texas0415 wrote:Hello everyone,

I am brand new to this site, so I'm not sure where to post my question but hopefully someone can help me out. I am taking my CHL class this Saturday but am worried that my class C will not allow me to get my CHL. Long story short, my husband came home drunk and angry, wouldn't take no for an answer so I popped him in the nose. He should have slept it off, but since he hit a car in the parking lot leaving the bar, the cops hunted him down, showed up, and saw blood. Normally I could have plead self defense, but if they had taken him instead, he would have been charged with the max penalty, whereas the cops understood exactly what had happened and charged me with the least that they could. All in all, I was arrested for Class C Family Violence, but the charges will be dismissed, or dropped in August if I have no other issues. Considering this is the first time I've EVER been in trouble, I think I"ll be okay.

My question is if having an arrest for Family Violence will be an automatic disqualification? And also, do I need to wait until August, or can I apply now. Sorry this was so long, just want to give the information in order to get the most accurate answers. I will ask my instructor on Saturday, but want to get an idea first. Thanks in advance!
Welcome to the forum. :tiphat:

Unfortunately a charge of family violence is abotu the only Class C that will disqualify you. However, if they truly dismiss or drop it in August, then it should not show up. As for now with that pending charge you will not be able to apply with the state.

I would suggest you wait until you can get a copy of the disposition from the court showing all clear and no conviction and then you should be elligeble.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

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American_Proud
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Joined: Wed Apr 10, 2013 5:21 pm

Re: Class C misdemeanor

Post by American_Proud »

My understanding from the states website is that you have a year to submit all your paperwork to get your CHL. So if you take the course I believe it's good for a year. I'm sure those with more experience will correct me if I'm wrong.
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The_Busy_Mom
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Location: DFW Metro Area

Re: Class C misdemeanor

Post by The_Busy_Mom »

Your CHL-100 is good for one year - this is the form you receive when you pass the class.

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Jumping Frog
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Re: Class C misdemeanor

Post by Jumping Frog »

texas0415 wrote:All in all, I was arrested for Class C Family Violence, but the charges will be dismissed, or dropped in August if I have no other issues. Considering this is the first time I've EVER been in trouble, I think I"ll be okay.
Please be aware that a Family Violence conviction where you used force against your spouse qualifies under federal law as a
Misdemeanor Crime of Domestic Violence. Basically, a conviction means someone is permanently disqualified under federal law from ever possessing firearms or ammunition.

I have read too many instances of people coming onto gun forums with questions about their MCDV who had no idea back when they accepted a plea bargain in a local court for a misdemeanor that it had life-long federal implications. Consider yourself warned and advised.

Now, if you are able to have the charges dismissed or dropped, you will be fine on a federal level as well. Just don't let yourself get blindsided because you didn't know what questions to ask.

Also, on a personal level, if you have a husband driving home drunk and angry, I strongly recommend you try finding an Al-Anon meeting and checking it out.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

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tommyg
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Re: Class C misdemeanor

Post by tommyg »

Jumping frog and AndyC are both right do everything you can to get it dropped. Get a lawyer and fight it all the way it is well worth it even if you have to borrow the money for a Lawyer If you are in the Dallas Area go to Bill Booth he is one of the best lawyers in the state. If you are in another part of the state go to http://www.martindale.com/lawyers.htm get the highest rated lawyer you can afford. Martendale is the best source for lawyer ratings. Be sure you get a lawyer that has an AV rating and specializes in criminal law. EX prosecutors are usually very good (with some exceptions)they know how to make cases for the prosecution....If they can make cases they can break cases. Good luck :tiphat:
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