CHL - class B misdemeanor

[KellyCHL]

Hi Forum members, I think I have an easy question, but have had different comments from the "street".

I was convicted of Obsruction of a Roadway in 2009. A class B misdemeanor. I am told that I am not eligilble for a Texas CHL for 5 years ? Any comments ?

 

[San Antone RR]

Those comments are correct. The next one will be a DWI. Be careful.

 

[KellyCHL]

Wow. Do you know if I can still purchase a handgun, as it relates to that circumstance ? Kelly

 

[Bithabus]

yes you can still buy a gun

 

[San Antone RR]

Are you on probation currently for the Obstructing conviction?

**EDIT** It is my understanding that being on probation for a misdemeanor prohibits possession of firearms under the GCA of 1968, but I didn't see that. I'm sure Bithabus or one of the other members more knowledgeable in the intricacies of the law will be in to let us know.

 

[Bithabus]

It is my understanding that being on probation for a misdemeanor prohibits possession of firearms under the GCA of 1968, but I didn't see that. I'm sure Bithabus or one of the other members more knowledgeable in the intricacies of the law will be in to let us know.

Don't believe so. Here are the DQs:

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien— (A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));

(6) who [2] has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or


(9) has been convicted in any court of a misdemeanor crime of domestic violence.

Also

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
(4) to any person any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity; and
(5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity.

 

[KellyCHL]

No - I am not on probation.

 

[San Antone RR]

It's all good then. Buy away. Bithabus showed I was incorrect anyway. Can buy even if you were on probation.

 

[KellyCHL]

Thanks for the info. I will buy a handgun and just not carry on my person. Kelly

 

[SC-Texas]

Generally if you are on misdemenor probation it can and often is a condition that you not buy or possess firearms.

 

[Tatsun]

I am not quite sure, but I beliieve that your not allowed to possess, own or purchase a firearm while on probation, depending on the offense of what your on probation for, the class of the offense (class A, B, C), and the stipulations of said probation. What I mean is if youor on probation for say, driving on a suspended license, as opposed as being on probation for a drug offense. Different class offenses, thus different probation and stipulations. I could be wrong however. I am sure someone can clear this up.

 

[espy59lc]

No - I am not on probation.

He said hes not on probation ^^^^^^

 

[SVTchris]

I personally know where your coming from..

I had a felony.. I was young, and made one stupid decision.. Either way I was able to do it but, i had to aquire a attorney.. I had to have my record expunged, an my rights restored.. Pricey but well worth it...

Goodluck.. Your misdemeanor should not hold you back ...

 

[txinvestigator]

I personally know where your coming from..

I had a felony.. I was young, and made one stupid decision.. Either way I was able to do it but, i had to aquire a attorney.. I had to have my record expunged, an my rights restored.. Pricey but well worth it...

Goodluck.. Your misdemeanor should not hold you back ...

you had a felony conviction expunged in Texas?

 

[gs9millerr]

I have a ? On a class "A" misdemeanor for domestic violence.. Will I be able to buy any type of rifle or hand gun? What about CHL? I'm NOT on probation, it happend about 3 yrs ago. Please don't judge me on my offense... It happens alot, folks label me a wife beater..... Not the case. Thanks for your time guys and gals.

 

[Dcav]

I have a ? On a class "A" misdemeanor for domestic violence.. Will I be able to buy any type of rifle or hand gun? What about CHL? I'm NOT on probation, it happend about 3 yrs ago. Please don't judge me on my offense... It happens alot, folks label me a wife beater..... Not the case. Thanks for your time guys and gals.

No. Prohibited for life.


Under the GCA, selling of firearms to certain categories of individuals is prohibited.

• • • AS QUOTED FROM Section 922 Section D Bowleg 1-9

( (9) has been convicted in any court of a misdemeanor crime of domestic violence.

 

[gs9millerr]

Could I (or is it possible) to get the charges expunged? Or am I pretty much sunk? What about black powder firearms?

 

[Texan2]

Please don't judge me on my offense... It happens alot, folks label me a wife beater..... Not the case.

It never is.

 

[Dcav]

Could I (or is it possible) to get the charges expunged? Or am I pretty much sunk? What about black powder firearms?

Not LEO or a Lawyer, I suggest you contact a lawyer.

 

[txinvestigator]

Could I (or is it possible) to get the charges expunged? Or am I pretty much sunk? What about black powder firearms?

A conviction or deferred do not qualify for expunction.