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by Keith B
Fri Mar 06, 2015 1:03 pm
Forum: General Texas CHL Discussion
Topic: DPS categorized me as unfit to carry when I'm not
Replies: 15
Views: 2905

Re: DPS categorized me as unfit to carry when I'm not

ford1776 wrote:Good point. So if the DPS acted upon info provided, then the hospital is the one who miscategorized me. Hopefully there is some responsibility on their part to put the check in the appropriate box, based on the FACTS of my visit to the hospital, and notify me they were deeming me unfit. They did neither. The only obligation DPS had was to revoke my handgun license in 2011 once this was reported, and they didn't do it. So technically, they let a "nutjob" walk around for another 3 years with a CHL. I understand they probably don't do BG checks on people in mid-license, but if I were really a threat and something happened as a result, they'd be liable. So I agree the hospital had more liability, but both are responsible, albeit not equally.

Someone earlier made a great point: if hospitals and clinics are not careful, and wrongly deem people unfit, we would usually find out by unknowingly being a criminal and getting arrested. And then guns can be confiscated, and we'd have to hire psychologists to evaluate us and clear our names, etc. We shouldn't have to go through that. They should do their job correctly the first time.

And I have a BIG problem with the lack of notification. If something unfavorable goes on your credit, you are notified and can dispute it under the Fair Credit Reporting Act. This is far more serious and impactful and yet no notification? No way to dispute without hiring an attorney? It's just plain wrong.
It is very possible that because the reporting was just done on NICS, the only time it was seen by DPS was when another NICS check was ran to do the background for your renewal. Had it been a visit between 20010 & 2015, then DPS would have likely been notified of a new event and reviewed your status at that point. Because it was actually prior to 2010 for the original event, I will bet it just went in the NICS record and DPS never actually got notified, but just found it during the new background check.

So, as stated, the beef should really be with the hospital on how they reported the issue and how it was entered into the federal NICS.

Also, I am not clear on what your status really is on this from your posts, but if NICS has it listed wrong, then you should be prevented from purchasing a firearm if the FFL does an NICS check. During the time you had your CHL, the FFL only had to write the CHL number on the form 4473 and file it away and not do a NICS inquiry. So, make sure that your NICS record is cleaned or you will not be able to buy a firearm AND DPS will not issue you a renewal.
by Keith B
Thu Mar 05, 2015 2:28 pm
Forum: General Texas CHL Discussion
Topic: DPS categorized me as unfit to carry when I'm not
Replies: 15
Views: 2905

Re: DPS categorized me as unfit to carry when I'm not

If it was posted to your Federal NICS status, then that is where I would look at focusing. Texas DPS is just going on information they received and if it showed you were ineligible, then they followed the letter of the law by denying the renewal.

I would suggest you find out who/how it got reported to the Federal NICS and see if they provided wrong information. If the facility you went to reported it incorrectly, then they may be liable for any civil rights violation.

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