Felony Reduced to Misdemeanor...DENIED.

CHL discussions that do not fit into more specific topics

Moderators: Charles L. Cotton, carlson1


Topic author
shoomanfoo
Junior Member
Posts: 5
Joined: Wed Sep 20, 2017 2:14 pm

Felony Reduced to Misdemeanor...DENIED.

Postby shoomanfoo » Fri Sep 22, 2017 4:27 pm

[deleted]
Last edited by shoomanfoo on Mon Sep 25, 2017 11:30 am, edited 2 times in total.


ninjabread
Senior Member
Posts: 351
Joined: Tue Jan 17, 2017 7:12 pm

Re: Felony Reduced to Misdemeanor...DENIED.

Postby ninjabread » Fri Sep 22, 2017 5:49 pm

This is a great example why many people say to send the disposition documents for any charges with the application rather than waiting to see what DPS turns up on their own.

Good luck straightening this out.
This is my opinion. There are many like it, but this one is mine.


Topic author
shoomanfoo
Junior Member
Posts: 5
Joined: Wed Sep 20, 2017 2:14 pm

Re: Felony Reduced to Misdemeanor...DENIED.

Postby shoomanfoo » Fri Sep 22, 2017 7:33 pm

[deleted]
Last edited by shoomanfoo on Mon Sep 25, 2017 11:31 am, edited 1 time in total.


thaidragon
Junior Member
Posts: 29
Joined: Mon Mar 07, 2016 12:08 am

Re: Felony Reduced to Misdemeanor...DENIED.

Postby thaidragon » Fri Sep 22, 2017 9:52 pm

That's odd. I had a felony theft in Indiana in 1998. It got reduced to a misdemeanor. When i applied for my Ltc, i didn't submit my paperwork. They sent me a letter asking for documents. I submitted my documents and 6 months later , i received my ltc. Good luck with your situation


twomillenium
Senior Member
Posts: 1162
Joined: Tue Mar 26, 2013 10:42 pm
Location: houston area

Re: Felony Reduced to Misdemeanor...DENIED.

Postby twomillenium » Fri Sep 22, 2017 11:03 pm

Send supporting documents, not minutes of the court case. The court documents will show the timeline and final result. Send the supporting documents the DPS asked for. The certified court minutes are a report, the documents show what happened and the DPS can verify that the documents have not been altered.
If you did not reply to the DPS request within 90 days, they will deny and close your file.
Texas LTC Instructor, NRA pistol instructor, RSO, NRA Endowment Life , TSRA, Glock enthusiast (tho I have others)
Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.

You will never know another me, this could be good or not so good, but it is still true.


Topic author
shoomanfoo
Junior Member
Posts: 5
Joined: Wed Sep 20, 2017 2:14 pm

Re: Felony Reduced to Misdemeanor...DENIED.

Postby shoomanfoo » Sat Sep 23, 2017 3:39 am

[deleted]
Last edited by shoomanfoo on Mon Sep 25, 2017 11:31 am, edited 1 time in total.


Mike S
Senior Member
Posts: 312
Joined: Sun Sep 06, 2015 5:08 pm
Contact:

Re: Felony Reduced to Misdemeanor...DENIED.

Postby Mike S » Sat Sep 23, 2017 7:06 am

Your appeal isn't with the DPS, it is before a County Judge/Magistrate/Justice of the Peace (local to you). The DPS may send a representative to explain their findings & logic behind the denial, but the decision to grant your license or not will rest with your local court.

You have 30 days to notify the DPS "in writing" that you wish to appeal. This should have been included in your denial letter. The DPS will then schedule an administrative hearing (with your local judge), to be held within 60 days.

I would suggest that you use this time to contact CADOJ and get the records corrected, and have an updated copy of your record with you at the hearing. You may need to get a CA lawyer to expedite the process; not sure how easy the court system is to navigate in CA. This may not be necessary, as the Admin Hearing is based on a preponderance of the evidence (ie, more likely than not).

ETA: This is found in GC §411.180. NOTIFICATION OF DENIAL, REVOCATION, OR SUSPENSION
OF LICENSE; REVIEW
Mike S.


Topic author
shoomanfoo
Junior Member
Posts: 5
Joined: Wed Sep 20, 2017 2:14 pm

Re: Felony Reduced to Misdemeanor...DENIED.

Postby shoomanfoo » Sat Sep 23, 2017 12:51 pm

[deleted]
Last edited by shoomanfoo on Mon Sep 25, 2017 11:31 am, edited 1 time in total.


bigtek
Member
Posts: 144
Joined: Sat Oct 15, 2016 9:48 am

Re: Felony Reduced to Misdemeanor...DENIED.

Postby bigtek » Sat Sep 23, 2017 4:34 pm

Because you were convicted in California, the details of your offense matters for LTC eligibility. Somebody can be convicted of a misdemeanor in another state and be eligible to purchase a gun under Federal law, but not eligible for a Texas LTC because of that out of state misdemeanor conviction.

GC §411.172. ELIGIBILITY. (b)
For the purposes of this section, an offense under the laws of another state is a felony if the offense, at the time
the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state
as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary;
Give peace a chance.

I'll cover you in case it doesn't work out.


growlerVII
Member
Posts: 68
Joined: Thu May 26, 2016 9:54 am

Re: Felony Reduced to Misdemeanor...DENIED.

Postby growlerVII » Sat Sep 23, 2017 5:02 pm

Depending on your charge..........some misdemeanors will get you denied. Also, time since the final disposition may have something to do with it. I was in the same boat, but didn't get denied. Mine had a hold pending some documentation. Once I sent the paperwork I I had plastic in hand within a couple weeks.


twomillenium
Senior Member
Posts: 1162
Joined: Tue Mar 26, 2013 10:42 pm
Location: houston area

Re: Felony Reduced to Misdemeanor...DENIED.

Postby twomillenium » Sat Sep 23, 2017 11:14 pm

shoomanfoo wrote:
twomillenium wrote:Send supporting documents, not minutes of the court case. The court documents will show the timeline and final result. Send the supporting documents the DPS asked for. The certified court minutes are a report, the documents show what happened and the DPS can verify that the documents have not been altered.
If you did not reply to the DPS request within 90 days, they will deny and close your file.


The denial that the DPS sent me literally reads:

"A review of your application and criminal history record indicates the presence of an order of deferred adjudication on XXXXXX in Superior Court, XXX County, California. for the felony xxxx."


The case had no deferred adjudication. When I called in to explain that, the representative at DPS completely understood, said they were going to check with their supervisor and call me back.. They called me back only to say they sent the WRONG denial letter and that I would be getting a different one in the mail.

I did send them a certified copy of the case documents from the court that shows the conviction was for a misdemeanor. But the response from DPS has been, "that's not what the background showed" and yes, I understand that which is why I went ahead and ordered the case info!

Ultimately it looks like I will have to appeal, but if the DPS essentially says that the background check trumps the actual court documents I sent in..what am I arguing for in the appeal?


I was referring to the post that stated "..I sent a certified copy of the court minutes order showing that it was reduced." The document shows the DPS where to verify the actions and final instructions of the court. When the DPS runs into conflicting sources, they do not resolve the situation. The DPS informs you of the reason and what they found, it is up to the applicant to sort it out and resolve the situation. This is the reason for the appeal process. I would say appeal the decision and show up before the hearing with actual FACTS and certification, mere words will not hold up. For reasons of issuing the LTC the fact that the conviction of a felony that was reduced to a misdemeanor may not change DPS decision, especially if the conviction was for family violence. Good Luck, I hope it works out the way it should.
Texas LTC Instructor, NRA pistol instructor, RSO, NRA Endowment Life , TSRA, Glock enthusiast (tho I have others)
Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.

You will never know another me, this could be good or not so good, but it is still true.

User avatar

RPBrown
Senior Member
Posts: 3952
Joined: Sun Mar 27, 2005 11:56 am
Location: Irving, Texas

Re: Felony Reduced to Misdemeanor...DENIED.

Postby RPBrown » Sun Sep 24, 2017 10:04 am

If the conviction was for family violence, then that is a permanent disqualification.
I say this only because no one knows what the conviction was for except you. None of our business.
NRA-Life member
TSRA-Life member
Image

User avatar

ScottDLS
Senior Member
Posts: 3912
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Felony Reduced to Misdemeanor...DENIED.

Postby ScottDLS » Sun Sep 24, 2017 10:38 am

RPBrown wrote:If the conviction was for family violence, then that is a permanent disqualification.
I say this only because no one knows what the conviction was for except you. None of our business.


I think he said earlier it was theft by false pretenses, but ultimately edited it out. If he can pass a NICS, it's not domestic violence as federally defined.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


Topic author
shoomanfoo
Junior Member
Posts: 5
Joined: Wed Sep 20, 2017 2:14 pm

Re: Felony Reduced to Misdemeanor...DENIED.

Postby shoomanfoo » Sun Sep 24, 2017 11:29 am

[deleted]
Last edited by shoomanfoo on Mon Sep 25, 2017 11:31 am, edited 1 time in total.

User avatar

ScottDLS
Senior Member
Posts: 3912
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Felony Reduced to Misdemeanor...DENIED.

Postby ScottDLS » Sun Sep 24, 2017 11:35 am

shoomanfoo wrote:
ScottDLS wrote:
RPBrown wrote:If the conviction was for family violence, then that is a permanent disqualification.
I say this only because no one knows what the conviction was for except you. None of our business.


I think he said earlier it was theft by false pretenses, but ultimately edited it out. If he can pass a NICS, it's not domestic violence as federally defined.


Correct..it was a "white collar" charge.

Thank you everyone for the information and assistance!


I think it sounds like DPS is saying they will just deny if there is any question and not bother to investigate further. Sounds like you meet the requirements maybe pursue with JP court as others have suggested. Generally JP courts are fairly informal so you may be able to do it without spending a fortune on lawyer.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


Return to “General Texas CHL Discussion”

Who is online

Users browsing this forum: Google [Bot] and 5 guests