[PaulaMoreno]

i was in a recent situation in which i was jailed. and charged with 2nd degree felony of aggravated assault with a deadly weapon. this was reduced to a class A misdemeanor. i was on probation for 6 months. i have ppl telling me i may resume carrying. i have a chl. they didnt take it away from me and they didnt file a civil suit against me...any one have any answers for me? can i still carry?

 

[sss]

Being convicted of a Class A misdemeanor would make you ineligible for a Texas CHL. You might want to double check with your attorney, but I believe as far as state law is concerned, you are required to send your CHL back to Austin as soon as you're no longer eligible to carry.

 

[ranburr]

I'm a TX CHL instructor. You are not eligible for a CHL at this time.

 

[PaulaMoreno]

hmm. my court liason said i could resume carrying. my private instructor said it was an automatic 5 year suspension. when i called the dps in austin they wanted my personal info like ssn and dob. rather then give it to them i let my probation finish..which will be tomorrow as a matter of fact before i call back in and ask them if i am still allowed to carry. so i am confused. my attourney ended up to be a schmuck so i cant ask him to double check for me. do you know of any good law sights?

 

[PaulaMoreno]

I'm a TX CHL instructor. You are not eligible for a CHL at this time.

wow ok. so is there a suspention time or how long do i have to wait and do i send it back like the other post said?

 

[PaulaMoreno]

my husband has a chl also and we have many weapons he can still have his in the same house right ?

 

[sss]

wow ok. so is there a suspention time or how long do i have to wait and do i send it back like the other post said?

You will be ineligible for the next 5 years. I would send the CHL back to Austin as soon as possible, and stop carrying immediately. You may still have the physical license but it is currently invalid.

 

[PaulaMoreno]

ok. so when the 5 yr susp. is up i can reapply? its supposed to be a class A misd. of deadly conduct thats what they reduced it to. will they give the permit for a second time once the 5 years is up?

 

[sss]

Yes, you can apply again 5 years from now, according to Texas Government Code 411.172:
GOVERNMENT CODE   CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

 

[PaulaMoreno]

yeah i am not carrying right now they took two from me that i had and they issued me a "notice to destroy" for saying they were gonna be destroyed but i currently still have one under my name in my house. what do i do with that one ?

 

[PaulaMoreno]

5 years from when?
the end of probation?
5 years from the arrest date?
5 years from the court date when they released me ?

 

[sss]

One what? CHL? Destroy it. As said earlier, you may still have the physical license, but it is now invalid due to the Class A misdemeanor conviction.

You should be able to apply again 5 years after your conviction.

 

[PaulaMoreno]

may i still purchase a handgun even tho i am not eligible to legally carry one and have it in my home ?

 

[dukalmighty]

As long as it wasn't domestic violence I do not believe a class A misdemeanor will exempt you from gun ownership,

 

[PaulaMoreno]

see thats what some ppl are telling me. uhhhhhhh confusion. no it wasnt domestic a guy on the freeway was following me tried to hit me with his vehicle. the courts obtained video feeds from the texas transtar cameras that even showed him following me..... i displayed my gun to make him back off..but it didnt he still kept following me...and switching lanes just to keep messing with me. he even said in the report that if he woulda had his gun he woulda shot me...who tells an officer that ? maybe he thought the "no retreat law" was gonna help him on that. i was scared. i stopped at a convenience store I called the cops and I told them what happened and they arrested me. i was on my way to work that day.

 

[LM2024]

see thats what some ppl are telling me. uhhhhhhh confusion. no it wasnt domestic a guy on the freeway was following me tried to hit me with his vehicle. the courts obtained video feeds from the texas transtar cameras that even showed him following me..... i displayed my gun to make him back off..but it didnt he still kept following me...and switching lanes just to keep messing with me. he even said in the report that if he woulda had his gun he woulda shot me...who tells an officer that ? maybe he thought the "no retreat law" was gonna help him on that. i was scared. i stopped at a convenience store I called the cops and I told them what happened and they arrested me. i was on my way to work that day.

If that was the case, then why didn't they drop the charges altogether? Is there more to this story?

This is why LEOs should actually check to see if a CHL is valid. How many CCWers are out there that are carrying with invalid permits?

 

[EvilMonk]

see thats what some ppl are telling me. uhhhhhhh confusion. no it wasnt domestic a guy on the freeway was following me tried to hit me with his vehicle. the courts obtained video feeds from the texas transtar cameras that even showed him following me..... i displayed my gun to make him back off..but it didnt he still kept following me...and switching lanes just to keep messing with me. he even said in the report that if he woulda had his gun he woulda shot me...who tells an officer that ? maybe he thought the "no retreat law" was gonna help him on that. i was scared. i stopped at a convenience store I called the cops and I told them what happened and they arrested me. i was on my way to work that day.

What the...:blink:

Either your lawyer was completely asleep at the wheel or...

 

[PaulaMoreno]

the only thing more to the story is that there were 3 officers to respond. officer one says what happened and asks for my id so i give him id and chl. he says oh u have a gun with out reaching for it...where is it...inside of my left leg officer ...what type of gun is it...taurus pt11 9mm millenium...oh ok..lemme see what the other guy says....officer two comes and says where is your gun...i tell him and he commands me to give it to him. so i gave it to him and he threw it into his passenger seat i informed him he should be careful it is loaded on safety...he shows me his computer screen and it has all my gun info in it. and i hadnt even told him anything....so cop one goes and talks with cop two all my info while in the presence of the guy who is saying i "challenged" him with my gun. cop one keeps saying "just fess up and we can give u a ticket and let u go" and he kept saying this over and over again...i was not gonna say that and end up in jail while they get to go home...husband arrives...and tells me to say what the cop is telling me to say..officer three comes to the scene and arrests me. so they were gonna arrest me anyway and he was trying to get me to say that. so you tell me. not only was my situation messed up from the beginning..i was racially profiled. all three cops were caucasian...and didnt wanna hear crap i had to say...guy who reported me was a causasian guy from "VIDOR TEXAS"...and very clean cut....i am a dark native american woman. i have piercings all over the place. and my hair is fire truck red.....i wear all black.......and generally i have a mean look on my face that is unintentional. thats just the way my face is.....so........you tell me..

 

[PaulaMoreno]

i did not intentionally carry an invalid permit. i was not told to send it back..i was told i could resume carrying after my probation was over. thats why i am here in the forum. to ask all of you wonderful ppl!

 

[PaulaMoreno]

What the...:blink:

Either your lawyer was completely asleep at the wheel or...

my lawyer is some one my mother has know for 20+ years and would do the case for me with no money upfront. hes a small time lawyer...one of which i trusted...and shouldnt have, but hey...6 months probation over 2 years county time...yeah ill take that thank you !