I know that, but there is a lot more to this in my mind. It is what ails this country: government overreach and lack of accountability. I have read everything in the government administrative code. Nothing in there gives them room to ask for a personal statement and then have it be determinative regarding what is legally my right. Texas is a shall-issue state, and I have had a permit for 15 or more years. This is my 4th renewal.
Here is the code for denial.
Sec. 411.177. ISSUANCE OR DENIAL OF LICENSE. (a) The department shall issue a license to carry a handgun to an applicant if the applicant meets all the eligibility requirements and submits all the application materials. The department shall administer the licensing procedures in good faith so that any applicant who meets all the eligibility requirements and submits all the application materials shall receive a license. The department may not deny an application based on a capricious or arbitrary decision by the department.
So to break it down.
1. Shall Issue if all requirements are met.
2. Any applicant who meets all requirements shall receive a license.
3. The department may not deny an application based on a capricious or arbitrary decision by the department.
I have met the requirements three times prior with the same record. No one has gone back in time and changed the events.
On the 4th renewal, they told me it would be rejected (denied) If I did not speak on the record about this conviction. "a statement."
If this were legally viable, they SHOULD be able to pose it as a YES or NO question, and it should be on both the application and the renewal forms.
This qualifies as capricious or arbitrary, and they have no right to ask it or deny my application.
They are overreaching and to give them what they ask for is allowing them to be unaccountable.
Lets keep in mind that overreach and unaccountability is how our elections are able to be stolen.
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Return to “Harrasment by DPS??”
- Thu Feb 02, 2023 1:04 pm
- Forum: General Texas CHL Discussion
- Topic: Harrasment by DPS??
- Replies: 10
- Views: 4289
- Tue Jan 24, 2023 4:53 pm
- Forum: General Texas CHL Discussion
- Topic: Harrasment by DPS??
- Replies: 10
- Views: 4289
Harrasment by DPS??
I have had a permit for over 13 years. I renew it when it comes due. This time I was late by about two weeks. This time I got a letter requesting more information about a Misdemeanor Assault from 23 years ago.
Initially, when I got the permit, I had to turn in this same paperwork—a copy of the Judgement and the records from the County. The Texas code is not something DPS is qualified to understand because my records all show that this was a simple assault and NOT a Domestic/Family The uniform coding for the FBI is numerical, while the coding for Texas is more ambiguous; it is still all there if you read it.
This time they are asking for the documents AND a written statement detailing my relationship with the victim. I have no idea who the victim is.
The offense code in my records is - 13990001 PC 22.01(a)(1) MA ASSAULT CAUSES BODILY INJ
If it were domestic, it would read - 13990031 PC 22.01(a)(1) MA ASSAULT CAUSES BODILY INJURY FAMILY MEMBER
The government code about disclosure is 411.174(b)(7) and it reads.
Tex. Gov't Code § 411.174 (“(b) An applicant must provide on the application a statement of the applicant's:”)
Tex. Gov't Code § 411.174 (“(7) criminal history record information of the type maintained by the department under this chapter, including a list of offenses for which the applicant was arrested, charged, or under an information or indictment and the disposition of the offenses.
Nowhere in there is a requirement for the applicant to write their description of anything.
I see it as sending them the same records I sent initially, and they "SHALL ISSUE" them. I am under no obligation to give them anything else.
Has anyone else come across this?
Am I missing something here?
Initially, when I got the permit, I had to turn in this same paperwork—a copy of the Judgement and the records from the County. The Texas code is not something DPS is qualified to understand because my records all show that this was a simple assault and NOT a Domestic/Family The uniform coding for the FBI is numerical, while the coding for Texas is more ambiguous; it is still all there if you read it.
This time they are asking for the documents AND a written statement detailing my relationship with the victim. I have no idea who the victim is.
The offense code in my records is - 13990001 PC 22.01(a)(1) MA ASSAULT CAUSES BODILY INJ
If it were domestic, it would read - 13990031 PC 22.01(a)(1) MA ASSAULT CAUSES BODILY INJURY FAMILY MEMBER
The government code about disclosure is 411.174(b)(7) and it reads.
Tex. Gov't Code § 411.174 (“(b) An applicant must provide on the application a statement of the applicant's:”)
Tex. Gov't Code § 411.174 (“(7) criminal history record information of the type maintained by the department under this chapter, including a list of offenses for which the applicant was arrested, charged, or under an information or indictment and the disposition of the offenses.
Nowhere in there is a requirement for the applicant to write their description of anything.
I see it as sending them the same records I sent initially, and they "SHALL ISSUE" them. I am under no obligation to give them anything else.
Has anyone else come across this?
Am I missing something here?