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January 24, 2011

Vol. 5   No. 2

Playing by the Rules

Over the years I have received calls from potential students who have questioned the necessity of completing a full 10 hour class.  They tell me about friends who completed classes in much less than 10 hours.  I just tell them that initial applicants "... must take a 10 to 15 hour class, taught by a DPS-certified instructor ...  Those are the rules, and we play by the rules.  You want a short class?  You'll have to find an instructor with no integrity."

When an instructor signs the Certificate of Training Form (CHL-100), he/she makes the following statement:

... has successfully completed a course of instruction and demonstrated proficiency under Texas Government Code 411.88 and is hereby awarded a certificate of training. By my signature below, I certify that I am currently certified by the DPS as an instructor. The classroom training given by me to the individual named above meets all statutory and regulatory requirements under Chapter 411, Government Code and 37 Texas Administrative code, Chapter 6. I also certify that all of the information in this form is true and correct to the best of my knowledge.

If the instructor has taught a class that has not met "all statutory and regulatory requirements under Chapter 411, Government Code and 37 Texas Administrative code, Chapter 6," but signs a statement to the effect that he/she has met the requirements, the instructor is TAMPERING WITH GOVERNMENTAL RECORD  (to us common folks, that's a great deal like lying).

See:  http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.37.htm
  PENAL CODE
    TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
      CHAPTER 37. PERJURY AND OTHER FALSIFICATION
        Section 37.10 TAMPERING WITH GOVERNMENTAL RECORD
          Sub-section (a) (1) & (2)

Do instructors get caught signing Certificate of Training Forms, for classes that do not meet all statutory and regulatory requirements?  One just did:

Instructor accused of faking weapons class certifications

By BRIAN ROGERS
HOUSTON CHRONICLE

Jan. 24, 2011, 5:09PM

Authorities are seeking a Houston firearms instructor accused of faking results to allow more than 40 people to pass a concealed handgun licensing course without being tested.  Onedia Broussard, 39, is wanted on charges of tampering with a government record, accused of certifying results for tests during a September seminar that were never taken.  The state jail felony carries a maximum punishment of two years behind bars.

Reached by phone Monday, Broussard denied the allegations, and declined to answer any other questions about the charges.

According to court records, Broussard was paid to teach 47 people who contacted her through an Internet advertisement.  After a day of instruction, Broussard signed forms certifying they passed the written exam without taking it.

The group then went to the gun range to be certified for handgun proficiency.

When Broussard found out that fees at the range had gone up, she dismissed the students without a test and certified they had passed.

Three women stayed behind and took the handgun proficiency portion of the test.

One of the students who was dismissed alerted the Department of Public Safety, the agency that licenses instructors. DPS officials said 21 students gave statements and only three said they completed the proficiency part of the test, according to court records.

Give this some thought:

  1. If you were caught, prosecuted, and found guilty of falsifying a Certificate of Training Form (CHL-100), you couldn't pass the background check necessary to get a Concealed Handgun License.  But, there are a few instructors that must believe they're a lot better than you, and that rules like that shouldn't apply to them.

  2. I'm betting that Brian Rogers of the Houston Chronicle is a rather liberal leaning reporter that viewed the above article not as 'justice served on Onedia Broussard', but rather pointing out the 'inadequacies of the Concealed Handgun Licensing system'.

The incompetent few, who don't play by the rules, give us all a bad name, and deserve no better than what I hope Broussard will receive.


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