new guy with a question :)

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thaidragon
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new guy with a question :)

Postby thaidragon » Mon Mar 07, 2016 9:36 am

Hello all, first I must say, this is a great forum. I've been reading on here for a while but never decided to register but now here I am. I'm pretty sure this subject has been brought up before but I couldn't find it thru the topics. Just wanted to get some knowledgeable people's advice on what I should do. Here's a quick background on my end. In 98, I was arrested and convicted of a class A misdemeanor theft in indiana. No probation just paid some fines. Fast forward to 7 years ago, I was splitting up with my ex wife. I told her I wanted a divorce and she flipped out. Told me that I was not going anywhere and that I was going to regret that decision. Well I decided to pack my things anyways. She left the house and I'm thinking, wow she took it pretty well. 10 min later , the police shows up and arrests me. They told me that I'm being arrested for strangling her. I was like, are u serious???!! Well, I got arrested and hired an attorney to help me with the case. After a year of going thru court. I received deferred adjudication misdemeanor for domestic violence.I was placed on deffered on 2/14/11. My final disposition paper says DISM/NFOG. It has been 5 years already and I had applied for my chl. Paid the fees and waiting for my finger print appointment. I decided to go and try to buy a gun to practice. I got the denial from nics. I filed the appeal and got a response saying I meet the prohibitive criteria of title 18 usc. Stating that I was convicted of a crime punishable by imprisonment for more than 1 year or a state misdemeanor punishable for more than 2 years. If my case was dismissed, and I am not convicted, then why didn't it show up on the fbi check that it was dismissed? So my question is, should I send my finger print card and court documents to the fbi and clear it thru them or wait for the finger print appointment for my chl .I'm sure dps would figure it out that it was not a felony and it was dismissed and it has been more than 5 years once I submit all of my paperwork . Any thoughts? Any advice would help right now cause I'm worried I'll get denied from dps and would have wasted my money. :confused5

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longhorn86
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Re: new guy with a question :)

Postby longhorn86 » Mon Mar 07, 2016 9:48 am

IANAL, I would think that until you clear up the issue with the NICS denial, you will most likely be denied by DPS as the state requires you to be able to pass the FBI background as one of the requirements for LTC.

Also, certain offenses against persons are permanent disqualifiers for LTC, even if you had deferred adjudication.
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thaidragon
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Re: new guy with a question :)

Postby thaidragon » Mon Mar 07, 2016 10:28 am

ok thanks for the input. I will go thru with the appeal process with nics and submit my fingerprints and court documents and see what they say.

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LucasMcCain
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Re: new guy with a question :)

Postby LucasMcCain » Fri Mar 11, 2016 12:38 pm

Somebody please correct me if I'm wrong. Doesn't any theft conviction disqualify you from getting a LTC, regardless of how long it's been? I could be wrong, but I thought that was what I was taught when I took my class.
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Mavs00
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Re: new guy with a question :)

Postby Mavs00 » Fri Mar 11, 2016 12:48 pm

LucasMcCain wrote:Somebody please correct me if I'm wrong. Doesn't any theft conviction disqualify you from getting a LTC, regardless of how long it's been? I could be wrong, but I thought that was what I was taught when I took my class.


IANAL, but in this case, I would think its the domestic violence charge that would be the disqualifyer.

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Re: new guy with a question :)

Postby Keith B » Fri Mar 11, 2016 1:07 pm

You need to go back to the county where you were charged and get a certified copy of the disposition on the case from the court clerk. That will show you if it was really dismissed or deferred adjudication. You will need the document no matter for DPS and your NICS appeal.

Edit to add, if not truly dismissed, only deferred adjudication, then the issue will be a domestic assault charge is permanently disqualifying. It is possible that the records only got updated in the county and not to the state or Feds that it went to dismissed.
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Re: new guy with a question :)

Postby twomillenium » Fri Mar 11, 2016 10:00 pm

Do not wait for state to figure anything out. The state wants all your info and then requires you to prove the outcome, and do not dare leave out an arrest or conviction unless it has been expunged.
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LucasMcCain
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Re: new guy with a question :)

Postby LucasMcCain » Mon Mar 14, 2016 2:23 pm

Mavs00 wrote:
LucasMcCain wrote:Somebody please correct me if I'm wrong. Doesn't any theft conviction disqualify you from getting a LTC, regardless of how long it's been? I could be wrong, but I thought that was what I was taught when I took my class.


IANAL, but in this case, I would think its the domestic violence charge that would be the disqualifyer.


I guess my point was that there were some mitigating circumstances with the domestic violence charge, but not with the theft. If the theft charge would definitely disqualify him, then there's no point applying for the LTC, even if the domestic violence charge isn't an issue for whatever reason.
I carry a gun so that I can go home to my family, and if need be, help you go home to yours.

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WildBill
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Re: new guy with a question :)

Postby WildBill » Mon Mar 14, 2016 3:04 pm

LucasMcCain wrote:Somebody please correct me if I'm wrong. Doesn't any theft conviction disqualify you from getting a LTC, regardless of how long it's been? I could be wrong, but I thought that was what I was taught when I took my class.

A misdemeanor theft conviction is not a permanent bar to LTC eligibility.
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thaidragon
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Re: new guy with a question :)

Postby thaidragon » Thu Mar 17, 2016 7:53 am

Keith B wrote:You need to go back to the county where you were charged and get a certified copy of the disposition on the case from the court clerk. That will show you if it was really dismissed or deferred adjudication. You will need the document no matter for DPS and your NICS appeal.

Edit to add, if not truly dismissed, only deferred adjudication, then the issue will be a domestic assault charge is permanently disqualifying. It is possible that the records only got updated in the county and not to the state or Feds that it went to dismissed.


I could be wrong but I thought that if it was a deffered adjudication misdemeanor for the domestic violence, I would have to wait 5 years before I become eligible?


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thaidragon
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Re: new guy with a question :)

Postby thaidragon » Thu Mar 17, 2016 7:59 am

http://concealedcarryaustin.com/texas-l ... ewsletter/

The reason why I asked is because I read this article right here.

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WildBill
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Re: new guy with a question :)

Postby WildBill » Thu Mar 17, 2016 3:31 pm

thaidragon wrote:http://concealedcarryaustin.com/texas-law-shield-newsletter/

The reason why I asked is because I read this article right here.

I read that, but I don't think it is complete.
As far as I know a DV conviction is a permanent bar for ownership of a firearm per Federal Law.
This is surprising to me since they have lawyers on staff and IANAL.

See link https://www.justice.gov/usam/criminal-r ... -convicted
Last edited by WildBill on Thu Mar 17, 2016 3:42 pm, edited 1 time in total.
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parabelum
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Re: new guy with a question :)

Postby parabelum » Thu Mar 17, 2016 3:40 pm

I think your issue is DV, which as stated earlier is a permanent disqualifier in TX.

Have you looked into FL CHL?
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thaidragon
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Re: new guy with a question :)

Postby thaidragon » Thu Mar 17, 2016 11:01 pm

parabelum wrote:I think your issue is DV, which as stated earlier is a permanent disqualifier in TX.

Have you looked into FL CHL?

I have not? Wouldn't they do a background check just like texas would? Or are they more lenient in the're checks?


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thaidragon
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Re: new guy with a question :)

Postby thaidragon » Thu Mar 17, 2016 11:03 pm

WildBill wrote:
thaidragon wrote:http://concealedcarryaustin.com/texas-law-shield-newsletter/

The reason why I asked is because I read this article right here.

I read that, but I don't think it is complete.
As far as I know a DV conviction is a permanent bar for ownership of a firearm per Federal Law.
This is surprising to me since they have lawyers on staff and IANAL.

See link https://www.justice.gov/usam/criminal-r ... -convicted


Yes I understand that a conviction is a disqualifier, but isn't a successful completion of a deffered adjudication counts as a dismissal in federal regulations? At least that was my understanding. I could be wrong.


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