Denial Letter: Failed to qualify under eligibility criteria...Update 11/05/2018 Denial Reversed Received LTC!!!!

CHL discussions that do not fit into more specific topics

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Beiruty
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Re: Denial Letter: Failed to qualify under eligability criteria...

#16

Post by Beiruty » Tue Oct 16, 2018 5:21 am

ScottDLS wrote:
Mon Oct 15, 2018 9:20 pm
Beiruty wrote:
Fri Oct 12, 2018 7:06 am
As far as I know a DA is considered a conviction for the purposes of obtaining a LTC/CHL.
Your best option is "to purge" the DA from your record. Hire an attorney or petition the court to restore your right for LTC/CHL.
A completed Felony DA is only counted as a conviction for 10 years for LTC purposes.
Thank you. Now how come a misdemeanor family assault conviction is Federally banning the actor from owning firearms for life?
Beiruty,
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ScottDLS
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Re: Denial Letter: Failed to qualify under eligability criteria...

#17

Post by ScottDLS » Tue Oct 16, 2018 7:45 am

Beiruty wrote:
Tue Oct 16, 2018 5:21 am
ScottDLS wrote:
Mon Oct 15, 2018 9:20 pm
Beiruty wrote:
Fri Oct 12, 2018 7:06 am
As far as I know a DA is considered a conviction for the purposes of obtaining a LTC/CHL.
Your best option is "to purge" the DA from your record. Hire an attorney or petition the court to restore your right for LTC/CHL.
A completed Felony DA is only counted as a conviction for 10 years for LTC purposes.
Thank you. Now how come a misdemeanor family assault conviction is Federally banning the actor from owning firearms for life?
The key word is Federally. And a DA, whatever level is not considered a conviction Federally but for LTC Texas considers it a conviction for a period of time.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

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Beiruty
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Re: Denial Letter: Failed to qualify under eligability criteria...

#18

Post by Beiruty » Tue Oct 16, 2018 11:52 am

ScottDLS wrote:
Tue Oct 16, 2018 7:45 am
Beiruty wrote:
Tue Oct 16, 2018 5:21 am
ScottDLS wrote:
Mon Oct 15, 2018 9:20 pm
Beiruty wrote:
Fri Oct 12, 2018 7:06 am
As far as I know a DA is considered a conviction for the purposes of obtaining a LTC/CHL.
Your best option is "to purge" the DA from your record. Hire an attorney or petition the court to restore your right for LTC/CHL.
A completed Felony DA is only counted as a conviction for 10 years for LTC purposes.
Thank you. Now how come a misdemeanor family assault conviction is Federally banning the actor from owning firearms for life?
The key word is Federally. And a DA, whatever level is not considered a conviction Federally but for LTC Texas considers it a conviction for a period of time.
Ah, I know. I mean the at the Federal level that charge is extremely limiting. Say someone pushed his wife, that is considered a simple assault (touching) If convicted at state level FBI NICS would come negative.
Beiruty,
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03Lightningrocks
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Re: Denial Letter: Failed to qualify under eligability criteria...

#19

Post by 03Lightningrocks » Tue Oct 16, 2018 12:19 pm

Beiruty wrote:
Tue Oct 16, 2018 11:52 am

Ah, I know. I mean the at the Federal level that charge is extremely limiting. Say someone pushed his wife, that is considered a simple assault (touching) If convicted at state level FBI NICS would come negative.
I think the main idea is that one should not push his wife or lay hands on her in any manner considered aggressive. Society has become much less accepting of physical abuse on a spouse. The law reflects the seriousness of the situation.
In my home, one is allowed to spit on the floor in any situation where they are forced to say the word, Obama.
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Beiruty
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Re: Denial Letter: Failed to qualify under eligability criteria...

#20

Post by Beiruty » Tue Oct 16, 2018 2:35 pm

03Lightningrocks wrote:
Tue Oct 16, 2018 12:19 pm
Beiruty wrote:
Tue Oct 16, 2018 11:52 am

Ah, I know. I mean the at the Federal level that charge is extremely limiting. Say someone pushed his wife, that is considered a simple assault (touching) If convicted at state level FBI NICS would come negative.
I think the main idea is that one should not push his wife or lay hands on her in any manner considered aggressive. Society has become much less accepting of physical abuse on a spouse. The law reflects the seriousness of the situation.
I guess, it would the same for wife loosing her 2ndA rights when she slaps her husband, pulls his hair or bite him. On the other hand, pulling his hair is tough when he is bold.
Beiruty,
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Abraham
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Re: Denial Letter: Failed to qualify under eligability criteria...

#21

Post by Abraham » Tue Oct 16, 2018 2:45 pm

I have a buddy whose wife regularly punched, slapped and shoved him when she was angry.

He never complained to the police, but after 5 years of this abuse, (slow learner) he did divorce her and has been much happier since.

p.s. This guy is no milquetoast either, but just not willing to defend himself by battering.

She, has been single ever since the divorce, now some 15/18 years ago.

I guess word got around...

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mojo84
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Re: Denial Letter: Failed to qualify under eligability criteria...

#22

Post by mojo84 » Tue Oct 16, 2018 2:51 pm

Beiruty wrote:
Tue Oct 16, 2018 2:35 pm
03Lightningrocks wrote:
Tue Oct 16, 2018 12:19 pm
Beiruty wrote:
Tue Oct 16, 2018 11:52 am

Ah, I know. I mean the at the Federal level that charge is extremely limiting. Say someone pushed his wife, that is considered a simple assault (touching) If convicted at state level FBI NICS would come negative.
I think the main idea is that one should not push his wife or lay hands on her in any manner considered aggressive. Society has become much less accepting of physical abuse on a spouse. The law reflects the seriousness of the situation.
I guess, it would the same for wife loosing her 2ndA rights when she slaps her husband, pulls his hair or bite him. On the other hand, pulling his hair is tough when he is bold.
I believe the domestic violence laws apply both ways. It appears there has been some significant thread drift here.

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ScottDLS
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Re: Denial Letter: Failed to qualify under eligability criteria...

#23

Post by ScottDLS » Tue Oct 16, 2018 3:00 pm

If it’s bad enough to be a lifetime bar to firearms ownership then it ought to be a felony. A simple assault “touching”, really shouldn’t be a felony regardless of your relationship with the victim. In fact if you DONT know them it ought to be higher charges not the other way around. This is all due to Federal 1994 crime bill looking to find a way to make more people barred from firearms ownership. Also it really shouldn’t be a federal matter at all, but that battle was lost in 1968 or maybe even 1934.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

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ScottDLS
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Re: Denial Letter: Failed to qualify under eligability criteria...

#24

Post by ScottDLS » Tue Oct 16, 2018 3:01 pm

Now calm down guys before I have to lock this thread... Oh yeah I’m not a moderator either.... :evil2:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


Deitz83
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Re: Denial Letter: Failed to qualify under eligability criteria...

#25

Post by Deitz83 » Wed Oct 17, 2018 9:08 am

elephant007 wrote:
Thu Jul 05, 2018 5:06 pm
Just received a letter indicating that I failed to qualify under eligibility criteria listed in Government Code § 411.172(a) more specifically § 411.172(a)(3). I successfully completed deferred adjudication disposition in September of 1996.
I though that § 411.1711 https://statutes.capitol.texas.gov/Docs ... tm#411.117 would give me the eligibility to be issued a permit.
Do I have good case to win an appeal based upon this code? I can provide more specifics if needed.

Any help would be grately appreciated.

It appears that you are headed in the right direction. Good luck going forward. I hope it all works out for you.


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Re: Denial Letter: Failed to qualify under eligability criteria...

#26

Post by elephant007 » Mon Oct 29, 2018 8:08 pm

Another update, this might be the next to last one before this is resolved!

So I emailed DPS asking for verification that they received the documents I emailed them and asked if they could give me an update on the situation. I didn't hear back from them for two weeks so I decided to email my State Representative's office once more for help on just getting an update of the situation.

They told me they would contact DPS on Monday (today 10/29/2018).

I received a call from DPS around 2:30 today. They informed me that the denial has been reversed and that they were able issue me a LTC. They have affixed my picture on the license and mailed it out today. I should expect delivery in 7 - 14 days from now.

I'm holding my excitement until I have my license in hand, this is a victory for me no doubt.
I did receive a semi apology "we were premature in making a decision of denial before reviewing all the available documents".. I've waited 6 months so I"m sure 7 to 14 days will be a breeze!

Thank you everyone for your help and interest in this matter and all the suggestions, recommendations and encouragement!


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Re: Denial Letter: Failed to qualify under eligability criteria...

#27

Post by OneGun » Mon Oct 29, 2018 8:36 pm

elephant007 wrote:
Mon Oct 29, 2018 8:08 pm
Another update, this might be the next to last one before this is resolved!

So I emailed DPS asking for verification that they received the documents I emailed them and asked if they could give me an update on the situation. I didn't hear back from them for two weeks so I decided to email my State Representative's office once more for help on just getting an update of the situation.

They told me they would contact DPS on Monday (today 10/29/2018).

I received a call from DPS around 2:30 today. They informed me that the denial has been reversed and that they were able issue me a LTC. They have affixed my picture on the license and mailed it out today. I should expect delivery in 7 - 14 days from now.

I'm holding my excitement until I have my license in hand, this is a victory for me no doubt.
I did receive a semi apology "we were premature in making a decision of denial before reviewing all the available documents".. I've waited 6 months so I"m sure 7 to 14 days will be a breeze!

Thank you everyone for your help and interest in this matter and all the suggestions, recommendations and encouragement!

:thewave. Congratulations!!!
Annoy a Liberal, GET A JOB!

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RoyGBiv
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Re: Denial Letter: Failed to qualify under eligability criteria...

#28

Post by RoyGBiv » Mon Oct 29, 2018 8:38 pm

elephant007 wrote:
Mon Oct 29, 2018 8:08 pm
Another update, this might be the next to last one before this is resolved!

So I emailed DPS asking for verification that they received the documents I emailed them and asked if they could give me an update on the situation. I didn't hear back from them for two weeks so I decided to email my State Representative's office once more for help on just getting an update of the situation.

They told me they would contact DPS on Monday (today 10/29/2018).

I received a call from DPS around 2:30 today. They informed me that the denial has been reversed and that they were able issue me a LTC. They have affixed my picture on the license and mailed it out today. I should expect delivery in 7 - 14 days from now.

I'm holding my excitement until I have my license in hand, this is a victory for me no doubt.
I did receive a semi apology "we were premature in making a decision of denial before reviewing all the available documents".. I've waited 6 months so I"m sure 7 to 14 days will be a breeze!

Thank you everyone for your help and interest in this matter and all the suggestions, recommendations and encouragement!
Awesome. Congrats! :patriot:
I am not a lawyer. This is NOT legal advice.!
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Re: Denial Letter: Failed to qualify under eligability criteria...

#29

Post by mupepe » Mon Oct 29, 2018 8:46 pm

Glad to hear it worked out for you and that your representative went to bat for you.

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Take Down Sicko
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Re: Denial Letter: Failed to qualify under eligability criteria...

#30

Post by Take Down Sicko » Mon Oct 29, 2018 9:28 pm

Good show Elephant007! Congrats. Good that you didnt give up. It took a lot of work on your part to finally get yourself approved. So, if you dont mind me asking...what make and model of weapon will you be carrying when you receive your license? :patriot:

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