TexasCHLforum.com

I am not a lawyer and do find some of the wording of the laws to be a rather deep wade. However, the "party adversely affected" wording might mean one of the two parties (you or dps) who were represented in the JP's court. DPS is appealing the justice court decision to the county court. My guess is they pretty much have to do this whenever a jp decision does not go their way.

You impress me the way you seem to be doing a good job of handling what must be a rather difficult and straining experience.

Alex54 wrote:Congratulations!! Crazy what we have to go through to exercise our 2a rights!!

More likely, "crazy what infringements we allow ourselves to be subjected to for a right that is guaranteeby our Constitution / Bill of Rights".

I appreciate the well wishes and agree with the frustration obviously.

I still want to hear from anyone who has dealt with appeals and winning them.

I'm convinced I'm dealing with a petty drone and their political agenda.

I haven't heard a peep from people who have been denied, let alone pushed the issue and won their case.

At what point does this madness stop, and how do we deal with these petty bureaucrooks who deprive people of their rights in spite of having lost the case in court?

Can these people continue to deny rights to applicants by narrowly defining certain parts of the laws while ignoring the laws that "adversely" effect them?

I'm hoping political winds change here, and a lot of these offices are closed, because it's obvious to me they're doing nothing to advance "public safety", but advancing an anti-freedom political agenda.

pete7469 wrote:At what point does this madness stop, and how do we deal with these petty bureaucrooks who deprive people of their rights in spite of having lost the case in court?

Can these people continue to deny rights to applicants by narrowly defining certain parts of the laws while ignoring the laws that "adversely" effect them?

I'm hoping political winds change here, and a lot of these offices are closed, because it's obvious to me they're doing nothing to advance "public safety", but advancing an anti-freedom political agenda.

A good part of the problem is that agencies are free to "interpret" the legislation however they want. The ATF if especially bad about this. They can redefine key terms that will result in something that was legal now being legal. We need to make it so that the agencies have no power to do anything other than follow the letter of the law.

I wonder how long it will take to have the 411.180 appeal hearing. I do not see any time limit in the GC.

pete7469 wrote:I appreciate the well wishes and agree with the frustration obviously.

I still want to hear from anyone who has dealt with appeals and winning them.

I'm convinced I'm dealing with a petty drone and their political agenda.

I haven't heard a peep from people who have been denied, let alone pushed the issue and won their case.

At what point does this madness stop, and how do we deal with these petty bureaucrooks who deprive people of their rights in spite of having lost the case in court?

Can these people continue to deny rights to applicants by narrowly defining certain parts of the laws while ignoring the laws that "adversely" effect them?

I'm hoping political winds change here, and a lot of these offices are closed, because it's obvious to me they're doing nothing to advance "public safety", but advancing an anti-freedom political agenda.

Did you write the Governor or your districts congressional rep? Just sayin'...

Forget Perry, I'd be writing to Abbott.

pete7469 wrote: I won the DPS appeal again.

...

To make sure I understand: You were denied a CHL, then you had an initial hearing to appeal the denial, which you won. DPS appealed that decision to the next level up, and you won at that level also. Is that correct?

And from some source(s) you are expecting DPS to appeal yet again?

Congratulations! Sounds to me like you've shifted your focus from the getting the CHL itself, to tweaking the nose of this bureaucrat who "works" for us - good for you :-)

pete7469 wrote: I won the DPS appeal again.

The petty "lawyer", who "works" for DPS must have managed to justify it's salary by yet again appealing.

I have contacted my rep and The Gov, but haven't had a response at this time beyond acceptance of my email. I realize these offices are busy.

I've been told by folks "in the know" that "people" like this "lawyer" will fight this case to the supreme court for no other purpose than to promote their own political career.

Something needs to be done to thwart petty bureaucrooks from using state funds to push cases that are indefensible. Not only because the applicants have to be able to compete with the legal funding, but because of the waste of tax payer funding that keep "people" like this employed. It's excessive welfare for "educated" people who serve no real purpose, and I hope the "person" in question reads this so that it can see the utter contempt I have for it.

ELB wrote:

pete7469 wrote: I won the DPS appeal again.

...

To make sure I understand: You were denied a CHL, then you had an initial hearing to appeal the denial, which you won. DPS appealed that decision to the next level up, and you won at that level also. Is that correct?

And from some source(s) you are expecting DPS to appeal yet again?

That is exactly it.

I appealed the denial and won in a JP court in my town.

DPS appealed it to the county and I won again.

My lawyer was contacted by the county court that DPS was requesting information that usually is requested for use in appeals cases, and they were asking him for some paperwork. Since my budget doesn't include having a lawyer on payroll, his representation ended at the point the judge signed the order in my favor. As a courtesy he called me up and told me I should expect an appeal, but encouraged me to continue fighting.

I will continue fighting this all the way.

RHenriksen wrote:Congratulations! Sounds to me like you've shifted your focus from the getting the CHL itself, to tweaking the nose of this bureaucrat who "works" for us - good for you :-)

Thanks.

As a matter of principle at this point I will continue the endeavor.

I have a non-resident CHL from another state that's valid here so I can carry anyway. This bureaucrook has made it personal.

This is very interesting. I sure wish you were able to discuss the original charges.

carlson1 wrote:This is very interesting. I sure wish you were able to discuss the original charges.

I really would like to share every mundane detail, but I don't want to compromise my case in any way because I'm pretty certain it's unique. Once it is finally resolved to my benefit which I'm certain it will be, I will be more than happy to report every detail so that anyone who reads it will not fall into the same circumstance.

I don't know how much government drones pay attention to the internet venting about the abuse of power we labor under, but I'd rather play it safe.

However to update, DPS did their 2nd appeal a while back and the judge granted them audience. Briefs have been filed and I'm confident the judgement will not be reversed.

It still frosts my hide that someone would dedicate so much tax payer resource to deny someone a right that was deliberately not taken from them in a court of law.

I could even see if there was even a single police report or anything thing else on record that indicated a pattern of behavior that would lead a rational person to conclude issuing my CHL was a public safety issue. That's why I'm convinced it's not a public safety issue, it's a political/employment justification issue dragged out by bureaucrooks who have nothing else to do .

I have several irons in the fire on ways to clear this up, but I would still appreciate any information or points of contact to legal professionals that have backgrounds in fire arms law.

Yeah, I know the feeling. Hang in there. There's light at the end of the tunnel.

My plastic took over 5 months to arrive. They kept asking for more documentation. Then, better pictures, then better fingerprints. They kept stalling and stalling. Keep at it. DO NOT let the evil people win. If you're on the side of right, you MUST prevail.

God bless.