Another Eligibility Question

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Finally
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Another Eligibility Question

#1

Post by Finally » Thu Mar 08, 2012 1:24 pm

Thanks all CHL mailed.
Last edited by Finally on Fri Apr 06, 2012 7:34 am, edited 1 time in total.


bayouhazard
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Re: Another Eligibility Question

#2

Post by bayouhazard » Thu Mar 08, 2012 1:30 pm

One of the many eligibilty requirements is being legally allowed by federal law to purchase guns. If you can't pass a NICS check it sounds like you're not elgible for a CHL unless the NICS denial was in error.


BrianSW99
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Re: Another Eligibility Question

#3

Post by BrianSW99 » Thu Mar 08, 2012 1:50 pm

I'm certainly no lawyer, but it's my understanding that a felony deferred adjudication in Texas is not considered a conviction for the purposes of possessing a firearm. Federal law says they go by the laws of the state to determine what is considered a conviction. Based on what you told us, I think the NCIS check probably denied the sale due to incorrect or incomplete information. There is a process to appeal a decision once you've been denied. You may want to go through that to get this cleared up before applying for you CHL.

Brian
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Keith B
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Re: Another Eligibility Question

#4

Post by Keith B » Thu Mar 08, 2012 1:53 pm

A lot is going to depend on the conviction. It is possible that the NICS check was an error. You can file an appeal with NICS to see why you were denied.

One of the problems is you may not be legally entitled to purchase or posses a firearm from a Federal level, but may be eligible for a CHL because the crime is no longer a felony in Texas, but a misdemeanor. This is one of the weird changes that was made.

If what you stole was less than $1500, and not one of the other items listed:
TPC 31.03
(3) a Class A misdemeanor if the value of the property stolen is $500 or more but less than $1,500;
(4) a state jail felony if:
(A) the value of the property stolen is $1,500 or more but less than $20,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $20,000;
(B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker;
(C) the property stolen is a firearm, as defined by Section 46.01;
(D) the value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft;
(E) the property stolen is an official ballot or official carrier envelope for an election; or
(F) the value of the property stolen is less than $20,000 and the property stolen is:(i) aluminum;(ii) bronze;(iii) copper; or(iv) brass;
then this may apply:
GC §411.172. ELIGIBILITY.
(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at the time of a person's application for a license to carry a concealed handgun, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this state as a felony.
So, if you meet the guidelines for a misdemaor now, and the NICS was an error, you should be eligble no matter. You would still have to declare your conviction, but the DPS shoudl see it no longer fits the felony status of a crime.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

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