License was revoked 3 years ago, am I eligible to get chl back??

Keep up to date on DPS changes impacting CHL instructors and licensees

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bauerdj
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Re: License was revoked 3 years ago, am I eligible to get chl back??

Postby bauerdj » Tue Oct 13, 2015 3:42 pm

When you tried to purchase the .22 at academy you got back a "Delayed"; ATF then has three (3) business days to either Give a "Proceed" or "Deny", If they do not give either within the three days the firearm can be transferred.


OneGun
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Re: License was revoked 3 years ago, am I eligible to get chl back??

Postby OneGun » Thu Oct 22, 2015 1:40 pm

jws wrote:Thank you all for the information, the letter I received from DPS does say 3 years, upon receipt of the letter that requested I send the CHL back.
I immediately sent CHL back
I'm just looking at other avenues

Thank
Jws



JWS,

Do you still have the letter from the DPS that says three years? I'm not an attorney and I highly recommend you consult one that is familiar with TX gun laws. Since it has been three years since you got the DPS letter, why not reapply, attach the letter showing you have waited the required three years?
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sjfcontrol
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Re: License was revoked 3 years ago, am I eligible to get chl back??

Postby sjfcontrol » Thu Oct 22, 2015 1:43 pm

OneGun wrote:
jws wrote:Thank you all for the information, the letter I received from DPS does say 3 years, upon receipt of the letter that requested I send the CHL back.
I immediately sent CHL back
I'm just looking at other avenues

Thank
Jws



JWS,

Do you still have the letter from the DPS that says three years? I'm not an attorney and I highly recommend you consult one that is familiar with TX gun laws. Since it has been three years since you got the DPS letter, why not reapply, attach the letter showing you have waited the required three years?



Perhaps because of the non-refundable fee if he's not eligible?
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SA_Steve
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Re: License was revoked 3 years ago, am I eligible to get chl back??

Postby SA_Steve » Thu Oct 22, 2015 2:02 pm

Legal fee is also not refundable
and will be lots more
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jws
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Location: Paris Texas

Re: License was revoked 3 years ago, am I eligible to get chl back??

Postby jws » Fri Oct 23, 2015 12:34 am

I checked with DPS today and it is a five year wait.
Actually one of my friends says he will also use my scenario for some of his training just for related information.
I'm going to try and obtain a NICS number to get the paperwork corrected so I hopefully won't get the delayed status anymore
Thank you all for the information


infoman
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Re: License was revoked 3 years ago, am I eligible to get chl back??

Postby infoman » Fri Oct 23, 2015 3:56 am

You would be disqualified for 7 years.

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Charles L. Cotton
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Re: License was revoked 3 years ago, am I eligible to get chl back??

Postby Charles L. Cotton » Fri Oct 23, 2015 9:32 am

infoman wrote:You would be disqualified for 7 years.

I was thinking of §411.186 also and I'm not sure it applies, based upon the facts stated. When DPS revokes a CHL, it is not for a specified period of time. Also, §411.186 expressly states that a CHL cannot be revoked based solely on pending charges. A suspension under §411.187 can and should be for a specific period of time, except when the suspension if due to charges being filed against the CHL.

The OP said he received a letter from DPS saying his CHL was "revoked" for 3 years and that he mailed in his CHL. This doesn't seem likely. For the reasons already stated,I suspect the letter actually said the license was "suspended" rather than "revoked." Since he mailed in his CHL in response to what I believe to be a suspension letter, then his license may not have been revoked. If it expired during the suspension period, then the CHL clearly was not revoked. In order to lawfully revoke the already suspended license, DPS would have to follow the notice and appeal requirements giving the CHLs an opportunity to appeal the revocation. Even if DPS records show the license was revoked, if the statutorily-required notice was not given, then the additional 2 year penalty should not be applied.

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