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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 07-25-2011, 11:41 AM   #1
boomvang
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Default Texas Law - DWI and CHL

I have been told and confirmed that my Texas Concealed Handgun Permit is void for 5 years after a DWI. What I don't know and I be ShysterJon does. Is that 5 years after the arrest, 5 years after conviction or 5 years after completion of probation, comunity service etc.

Thanks
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Old 07-25-2011, 02:10 PM   #2
Jackie S
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Do the jail time and avoid all the probation shit. You are better off in the end.

If you are are arrested for DWI and you had your firearm in your possession, (that means in your car as well), you will get another Class A misdameanor (sp), tacked on for violating you CHL.
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Old 07-25-2011, 02:56 PM   #3
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Quote:
Originally Posted by boomvang View Post
I have been told and confirmed that my Texas Concealed Handgun Permit is void for 5 years after a DWI. What I don't know and I be ShysterJon does. Is that 5 years after the arrest, 5 years after conviction or 5 years after completion of probation, comunity service etc.

Thanks
The five-year period begins to run on the day you were convicted, whether it was after a trial or you pled the case out. Either way, a judgment of conviction was entered that day.

And in case anyone reading this thinks being placed on probation isn't a conviction, that's not true for DWI. A DWI defendant can't get a deferred probation under Texas law -- they can only get regular or what's also called "straight" probation, meaning the person will have a conviction on their record for the rest of their life.
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Old 07-25-2011, 04:23 PM   #4
G.W.McLintock
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From what I remember when I got my CCL, it would be 5 yrs after the final disposition of the case, Conviction, aquittal, ect, what the last court date is.
Good luck
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Old 07-25-2011, 04:28 PM   #5
Waldo P. Emerson-Jones
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Saw this blog post today and thought it's somewhat connected to this thread. http://volokh.com/2011/07/23/the-sec...n-convictions/

There will be some interesting cases over the coming years on the constitutionality of laws restricting gun rights. I'm not sure this particular Texas restriction would be unconstitutional since it seems limited to a CHL, but I'd think a total ban on gun ownership because of a DUI conviction might very well be.
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Old 07-25-2011, 06:49 PM   #6
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Quote:
Originally Posted by Waldo P. Emerson-Jones View Post
I'm not sure this particular Texas restriction would be unconstitutional since it seems limited to a CHL, but I'd think a total ban on gun ownership because of a DUI conviction might very well be.
The likelihood that Texas will ban gun possession upon a DWI (DUI is a minor driving while intoxicated, not an adult) conviction is about as likely as Amy Winehouse posting an intro thread in the WW. Two things we love to do in Texas are shoot guns and drive drunk. I count myself as someone who's done both, one frequently, and both at the same time occasionally.
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Old 07-26-2011, 03:24 AM   #7
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Or you could just move to AZ, no permits necessary or required. Only a felony-free record.

Love the wild, wild west!
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Old 07-30-2011, 08:34 AM   #8
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Thanks ShysterJon. You confirmed my suspicions. I had a good lawyer and got off what I think is pretty lightly. I fortunately did not have a gun in my possession, but I am branded for life. Not only that they did not treat me with the respect I have come to expect. Another deterrent for this sort of behavior was my final cost was over $13,000.00
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Old 07-30-2011, 09:16 AM   #9
Jackie S
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Default Boomvang

It is not limited to DUI. Any conviction of a crime higher than a Class C Misdomeaner can, and probably will, have your CHL revoked for 5 years.
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Old 07-30-2011, 09:07 PM   #10
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If, I recall,Having consumed any amount of alcohol,is a violation of CHL,law.
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Old 08-01-2011, 01:03 AM   #11
JohnnyG1977
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Yes, ShysterJon is absolutely correct. Please be careful. boomvang. Driving while intoxicated or under the influence is very dangerous, not to mention irresponsible.

You're lucky you only lost your permit. Next time, you might loose your freedom!!
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Old 08-01-2011, 06:31 AM   #12
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very true or next time you many lose your life or worse yet take or injured someone else..
Quote:
Originally Posted by JohnnyG1977 View Post
Yes, ShysterJon is absolutely correct. Please be careful. boomvang. Driving while intoxicated or under the influence is very dangerous, not to mention irresponsible.

You're lucky you only lost your permit. Next time, you might loose your freedom!!
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