TexasCHLforum.com

Lucky45 wrote:

txinvestigator wrote: I agree mostly, but not that the ATF makes the final decision on who gets a gun. I don't follow that logic. ATF makes no decision past the licensing of dealers.

Ok, so I guess we can say the same thing for TX DPS and CHL Instructors. If my coworker just fills out the CHL forms and pays an instructor to sign them and turn in. Coworker never attended a class or range test and gets a CHL license. If DPS finds out, are you saying that they don't make a final decision past the licensing of the instructor? Therefore they can't revoke my coworkers license.

I think this scenario has happened plenty of times where instructor weren't performing to DPS requirements and they went back and revoked the CHL licenses of previous students. So where does the final decision making stand?

You CHL comparison is invalid. CHL instructors are not a government regulating agency.

DPS is the approving agency, and can revoke. The ATF cannot "revoke" the FBI clearance. They CAN file enforcement action against a person who either lies on the application or is issued a proceed in error and possess a firearm illegally.

However, they are not involved in the "approval" process for a person to buy a firearm, unless you consider being regulatory a form of approval.

If DPS issues a CHL by mistake to someone who is not qualified under federal law, and the person buys a firearm bypassing the NICS, then ATF can file criminal charges on the person for possession. Does that too, make ATF in the CHL approval process?

Of course not. Same thing with FFL approvals from the FBI.

Lucky45 wrote:

txinvestigator wrote:Fair to say, " regulated by ATF and backgrounds run thru the FBI in Texas?

Fair to say,as earlier, gun purchases goes through the ATF and FBI are just used as background checkers. As noted before, not all states go through FBI.
So ATF makes final decision on who gets a gun, since they issue licenses to gun dealers. They just use info from FBI (by law) to make their decision.

I agree mostly, but not that the ATF makes the final decision on who gets a gun. I don't follow that logic. ATF makes no decision past the licensing of dealers.

Fair to say, " regulated by ATF and backgrounds run thru the FBI in Texas?

Lucky45 wrote:

KBCraig wrote:I'm ashamed to say that this week I've had to lay into several supposedly pro-gun folks over the issue of non-citizens owning guns. It seems the Virginia Tech shooter being a resident alien seems like justification for them that "those people" ought to be banned from owning guns.

I think one of the new info that is coming out is that the guy has a couple mental episodes. I think that is where he kinda got through the loop hole in obtaining the guns. I think for TX CHL they have "mental episodes" as a disqualifier for obtaining a CHL. I don't know VA law, but if states could cross check people with the "NUT HOUSE" when purchasing guns or CHL then you could cut out a large percentage of these unstable people to begin with.
That could be a change they make in their procedures to have ATF cross check applicants with the NUT HOUSE.

Gun Purchases don't go thru the ATF. The FBI does them.

The 4473 asks if you have ever been adjudicated as mentally defective. However, they don't ask about being diagnosed with specific conditions or prescribed medication for specific conditions like the CHL does.

There is no database available to LE agencies of medical records of private mental treatment facilities.

KB,

I agree.

People are also very reactive right now. I have heard some absurd "should haves" the last couple of days.