Gun purchase question.

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Waffen as someone who has been through it, there are better ways to own up to a DUI an take an unneeded spot on your criminal record.

The fact that you have learned from your mistake and want other people to learn from you experience shows that you have taken responsibility for you actions. There is no point in unnecessarily closing doors
 
I get sick and tired of people trying to dodge charges on simple technicalities
One thing I've learned is that "technicality" is a word that prosecutors use when they really mean "he didn't break the law, or we broke it trying to prosecute." For instance, consider that most antis consider post-ban ARs to be built on "technicality" by not including the evil features. Their "technicality" is our strict reading of the law. Similarly, when a judge throws out a case because the prosecutor abused the accused, the "technicality" is when the government "technically" broke the law by infringing upon the accused's rights. Bottom line is, "technicality" is a weasel-word used by prosecutors and people who don't believe in rights, presumtion of innocence, and other such things.

As for a DUI, you don't want that on your record. Even if you think you'll be OK, you're probably wrong. Ever think about learning to fly? If you have ever--in your entire life--had a DUI, you have to report it to the FAA. For life. In some states, I understand that a DUI makes life as a firearms owner difficult, particularly WRT concealed carry. Many of the neo-prohibitionists are also working to pass ever-stricter laws about alcohol. I could tell you of a few here in Norman, and you'd drop your jaw--things like forfeiture of your property if anybody is ever caught drinking underage on it, even if you rent the property to somebody else, as a landlord. Given things like the Lautenberg amendment, felony prohibition in general, retroactive copyright extensions, and any number of other retroactively-applied law, even being alright now is no guarantee of the future. It's too risky not to fight this. You say yourself that you've come clean. That's good. In theory, the entire purpose of our "corrections" system (the government's own name, I remind you) is to show people the error of their ways, and convince them to change their behavior. You've done that, so the system has accomplished what it set out to accomplish. There's no sense whatsoever in allowing such a conviction to be placed on your record.

Besides which, the prosecutor sounds like a sleazebag, what with waiting until the last few days, and under no circumstances should any decent citizen ever help a sleazy government official. It's just plain unamerican.
 
Well, I was under the impression that my license was already suspended; the officer took my license during the stop. He issued me a "20 day paper license" and said that after it expired I had lost my license for a year. Now it's a year after the suspension suposedly ended.
What?

I thought Texas was a free state. Whatever happened to due process, and "innocent until proven guilty"? I can't believe that the state laws allow a police officer to yank your license on the stop, before you have had an opportunity to appear in court and defend yourself against the charges.

That's outrageous.
 
Get the straight poop from your lawyer. Explore your options. Look over the test results and reports. Get a second opinion from another lawyer. Get the big picture before you decide on your course of action. Then consider the long term consequences and do whatever damage control seems appropriate to you.

Yes, it feels good to get it off your chest, but that often means those who are good at being bad skate, while good folks who are remorseful place themselves in harm's way. You should have a long and happy life ahead of you now that you're thinking clearly, so don't self-inflict. Most court systems have diversion programs to keep a youthful offender out of the system, so explore that avenue thoroughly. Deferred prosecution or other agreement with prosecutors to stay out of trouble will serve your best interests and theirs.

Don't panic. This will work out, but use your resources wisely. And remember, free advice is worth every penny :D
 
MADD is pretty strong in Texas. You get the book thrown at your for a little bit of alcohol. It is worth paying a good lawyer to get it bargained down to something lesser. At least as I have been told. I think they should set two limits, one being a citation and a higher limit being the book throwing type, but I doubt that will ever happen.

I don't think a DUI will prevent gun purchases, but more than two substance related crimes/misdemeaners will prevent you from getting a CHL or suspend if you already have one.
 
Waffen, I'm glad to hear that you're on the straight and narrow. DON'T drink and drive, drink and shoot, or drink and make decisions or take actions that will alter forever other people's lives.

Also, this will be going to Legal And Political, just as soon as I finish this post.

I will be sending you a PM right quick.

Best regards,

--Matt G, who's written a bunch of DUI By Minor citations in Texas...
 
DUI doesn't prevent you from owning a gun (federally anyway). Nor will it it most state jurisdictions. It will affect an application for a carry permit in some states, though.

Should you not fight it? Of course not. You have your day in court, you might as well use it.
 
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Well, I was under the impression that my license was already suspended; the officer took my license during the stop. He issued me a "20 day paper license" and said that after it expired I had lost my license for a year. Now it's a year after the suspension suposedly ended.

What?

I thought Texas was a free state. Whatever happened to due process, and "innocent until proven guilty"? I can't believe that the state laws allow a police officer to yank your license on the stop, before you have had an opportunity to appear in court and defend yourself against the charges.

That's outrageous.


It's called implied consent. Currently, the federal government funds grants to states that implement certain DUI prevention programs. As a direct result, many states have implemented summary driver's license suspension systems into their implied consent statutes for both failure of a chemical test and refusal to take a test. Under the guise of justice and public safety, states have managed to circumvent a suspected DUI offender’s constitutional rights and legally discourage refusal of chemical testing.
 
Don't ask for a conviction

Everything present on your criminal record can and will be used against you in public and private affairs with people, friends, girl friends, playmates, EMPLOYERS, And maybe even civic orgs.
If you are still going to get the paper do not plead guilty. Nolo Contendr. No Contest.

Texas criminal punishment and networking system does have a few chinks in the armor with respect to lessor charges. This means there are possible second chances if you can find them.

Do not accept Deffered adjudocation. It is not what is advertised. If it is not a conviction by state law there is no way to have it removed from your record or even get a pardon if that was an option for a conviction.

I hope you nail your lawyer with all the smartest questions you need to.
Good Luck
IANAL
 
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