TexasCHLforum.com

This is kinda long - sorry.
I am unlucky enough to have the same first, last, and middle initial as a convicted felon in NJ. I am also unlucky enough that this individual was born the same day I was. The first time I knew something was wrong was renewing my La dl. Was asked if I had ever had a dl in PA or NJ. Said no and that was that. Then I was returning from a business trip to Venezuela (before things got crazy there) and customs held me up for 3 hours in Miami. Finally was told that I had a very common name. Asked if my SS card would help - cleared me immediately after seeing it.
Finally figured out the problem when I moved to Texas. While getting my TX dl I was asked again if I had ever had a dl in PA or NJ. This time I asked some questions and of course there was a warrant out for the other guy. She cleared me after seeing SS card but said I should look into it. I contacted both NJ and PA - both states said I would have to prove I was not the individual. This process would have been time consuming and expensive.
I went to my first gun show just before BO was elected. Bought a few guns without incident. Applied for my CHL about the same time. While waiting for my CHL, I was denied on a NICS check at a gun show. The FFL treated me like a criminal but finally gave me the number he calls for the NICS check to get rid of me. I called the number and spoke to an agent. He wouldn't give me much info until I asked if it was because of the guy in NJ. At that point he was able to discuss the matter with me. He stated that it was obvious to him that I was not the same person (not to mention the fact that I included SS# on the form) but that it was a discretionary call by the agent handling the call and that I could probably walk to the next FFL and not have a problem. I did discover that the agent who handled the original call violated policy by not forwarding my case to an investigator to determine if I was in fact the same person. I was also told that the NICS system is name based and SS# plays little if any role.
I have only undergone one NICS check since, which I passed without issue. I now present my CHL when purchasing a fire arm and will not purchase from any dealer who insist on running a NICS even with the CHL. I truly hope that having a CHL with finger prints on record has established a strong distinguisher between myself and the jerk from NJ.

OP here
So I got some answers. This is entertaining at least if not piss poor.
It seems I am actually a Fugitive!
After obtaining my TS/SCI, serving combat tours and years of protective services, I discovered today after receiving my "response to inquiry" from the FBI that I am in fact a fugitive from justice! Trust me, this was news to me!
In a Commonwealth of Massachusetts docket dated August 1991 I was arraigned for Disorderly Conduct. I dont know how this could have slipped my mind? Besides the fact that It never happened!
I can tell you that I was stationed at Ft. Devens Mass. in 1991. I did find myself in a brawl one night in a parking lot. Whether or not I was at fault doesn't matter. Someone was going to jail and it wasn't going to be the local boys. I spent the night in the can.
I was released in the morning and had a nice breakfast. Turns out the brawl was over a woman I call my wife today.
I never appeared before a judge. I was never arraigned. I was never informed of a hearing.
After speaking to various Mass(hole) agencies this morning, it seems that my options are to either turn myself in or hire a lawyer(go figure) or go on living my life as I have.
Problem is, as a law abiding citizen I would like to exercise my rights and protect my home and family. As I told the lady on the phone, If I were a criminal I wouldn't be asking permission. If this were the america our founders envisioned, if this were the america I fought for, I wouldn't need to beg for permission!

So I am guessing my CHL will be denied. Meanwhile the dealers and illegals a couple blocks over are well armed!
Concerning my security clearance, it really is no wonder wikileaks has access to such information! High paid GS employees and contractors didn't do their job. Too busy complaining about pay raises and such.If I had been notified that their was an issue, I would have cleared it up. Now I am just another unemployed vet looking for work, banking on my military experience. I simply cannot justify spending the money to travel to Mass. to clear this up. I would rather feed my kids!

Sorry for the rant folks.

I understand the reluctance, but it appears to me you need a lawyer... Seems to me there's one around this board somewhere...

Some bogus non-resolved charge from 20 years ago should not invalidate your 2nd amendment rights!

There are two very important things to consider in this. First, the charges are not interfering with the CHL, the lack of appearance at court to answer them is. In a case like this, it doesn't make any difference what the charges were, whether they were deserved or not, or if the OP knew or not. I know that this is not really fair, but it is the way life is.

The second things is that you really need to hire a decent Mass. lawyer to fight the charges. I am pretty sure you will beat them now, since the witnesses are not available, most likely. But you really need to handle the charges before they bite you in some other way also. And one of the problems with pleading them out is that a disorderly conduct charge is a disqualifier for a CHL in Texas. Our DC law has some weapons and fighting offenses in it might be the reason why. But other states laws are compared to ours when DPS does the background check, so a charge from Mass would come in as our DC and bar the CHL.

Obviously, a misdemeanor will not get you arrested here or extradited across state lines, but it could affect you in other ways (say when you apply for a civilian position which requires your clearance to be reactivated).

I have to agree, you need to get this over with. Legal issues always become more expensive and troublesome over time, not less, as you've already discovered.

FoxtrotTangoAlpha10 wrote:OP here
So I got some answers. This is entertaining at least if not piss poor.
It seems I am actually a Fugitive!
After obtaining my TS/SCI, serving combat tours and years of protective services, I discovered today after receiving my "response to inquiry" from the FBI that I am in fact a fugitive from justice! Trust me, this was news to me!
In a Commonwealth of Massachusetts docket dated August 1991 I was arraigned for Disorderly Conduct. I dont know how this could have slipped my mind? Besides the fact that It never happened!
I can tell you that I was stationed at Ft. Devens Mass. in 1991. I did find myself in a brawl one night in a parking lot. Whether or not I was at fault doesn't matter. Someone was going to jail and it wasn't going to be the local boys. I spent the night in the can.
I was released in the morning and had a nice breakfast. Turns out the brawl was over a woman I call my wife today.
I never appeared before a judge. I was never arraigned. I was never informed of a hearing.
After speaking to various Mass(hole) agencies this morning, it seems that my options are to either turn myself in or hire a lawyer(go figure) or go on living my life as I have.
Problem is, as a law abiding citizen I would like to exercise my rights and protect my home and family. As I told the lady on the phone, If I were a criminal I wouldn't be asking permission. If this were the america our founders envisioned, if this were the america I fought for, I wouldn't need to beg for permission!

So I am guessing my CHL will be denied. Meanwhile the dealers and illegals a couple blocks over are well armed!
Concerning my security clearance, it really is no wonder wikileaks has access to such information! High paid GS employees and contractors didn't do their job. Too busy complaining about pay raises and such.If I had been notified that their was an issue, I would have cleared it up. Now I am just another unemployed vet looking for work, banking on my military experience. I simply cannot justify spending the money to travel to Mass. to clear this up. I would rather feed my kids!

Sorry for the rant folks.

OUCH wow and

then i would be making calls and ......have someones rear peeled that approved your clearance.. ..it seems you didn't get the full check you were due
a charge like that would most assuredly ring a bell of inquiry. and you would have to resolve it. I will limb it and say at my former place of employment i would be benched right now for what you have found if it was I. and mean NOW even though i am not under their thumb at present. under some rules your held to abeyance for 10 years or longer
I will tell you from a very bad experience....i was arrested for violating a protection order and spent several nights last year in jail out of state.....
i had many messages in the machine when i got home from you know who. and yes i was innocent....by the written word of law.

fighting out of state charges is a suck way to ruin your life.....it gets pricey fast i can tell you.
I wish you good luck and hope it is resolved with you not having to go to mass, where i would bet you would be arrested at the court room.
i couldn't imagine your precarious situation if you just happen to be in mass and were pulled over for a traffic violation and it was found out your were a 20 year fugitive.

Isn't there a statute of limitations for such things?

Like there're going to find witnesses and such after all this time?

sjfcontrol wrote:Isn't there a statute of limitations for such things?

Like there're going to find witnesses and such after all this time?

I think once you are a fugitive you are always a fugitive. Statute of limitations is for charges.
They may not find witnesses, but the computer says fugitive, which means arrest on contact.

sjfcontrol wrote:Isn't there a statute of limitations for such things?

Yes, but there are two factors to consider on that. First, as pointed out, the statute of limitations ends when the formal charges are filed. Second, also relevant in this case, is that the statute may not count. In Texas, the statute of limitations does not include ANY time spent out of state. If Mass. law is the same, he is probably still inside the limitation on time.

Like there're going to find witnesses and such after all this time?

This is why I think he could clear it up relatively quickly with a lawyer. The lawyer pleads not-guilty to the charge for him (which might already have been done) and asks for the trial date. If the complaining witness and arresting officer still live in the area, there might be a trial. But it is highly unlikely. And the other witnes sis his wife, who I am guessing will testify in his favor.

But a really good lawyer might even be able to get it dropped on procedural grounds, like a lack of a speedy trial or failure to notify him when the trial was for him to appear. But that is why I recommended he get a lawyer to handle it for him.