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

[Beiruty]

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?

[ScottDLS]

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.

[Beiruty]

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.

[03Lightningrocks]

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.

[Beiruty]

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.

[Abraham]

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...

[mojo84]

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.

[ScottDLS]

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.

[ScottDLS]

Now calm down guys before I have to lock this thread... Oh yeah I’m not a moderator either....

[Deitz83]

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.

[elephant007]

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!

[OneGun]

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!

. Congratulations!!!

[RoyGBiv]

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!

[mupepe]

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

[Take Down Sicko]

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?