Denial Letter: Failed to qualify under eligability criteria...

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton


Topic author
elephant007
Junior Member
Posts in topic: 5
Posts: 5
Joined: Thu Jul 05, 2018 4:46 pm

Denial Letter: Failed to qualify under eligability criteria...

#1

Post by elephant007 » Thu Jul 05, 2018 5:06 pm

Just received a letter indicating that I failed to qualify under eligibility criteria listed in Government Code § 411.172(a) more specifically § 411.172(a)(3). I successfully completed deferred adjudication disposition in September of 1996.
I though that § 411.1711 https://statutes.capitol.texas.gov/Docs ... tm#411.117 would give me the eligibility to be issued a permit.
Do I have good case to win an appeal based upon this code? I can provide more specifics if needed.

Any help would be grately appreciated.

User avatar

ScottDLS
Senior Member
Posts in topic: 6
Posts: 4399
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Denial Letter: Failed to qualify under eligability criteria...

#2

Post by ScottDLS » Thu Jul 05, 2018 5:12 pm

What was the felony DA for? Certain felonies even if cleared by DA are still bar to eligibility.
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
elephant007
Junior Member
Posts in topic: 5
Posts: 5
Joined: Thu Jul 05, 2018 4:46 pm

Re: Denial Letter: Failed to qualify under eligability criteria...

#3

Post by elephant007 » Thu Jul 05, 2018 5:17 pm

Thank you for the rapid reply...
Charge was Theft of motor vehicle, my court document say Unauthorized use of motor vehicle

User avatar

ScottDLS
Senior Member
Posts in topic: 6
Posts: 4399
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Denial Letter: Failed to qualify under eligability criteria...

#4

Post by ScottDLS » Thu Jul 05, 2018 5:34 pm

elephant007 wrote:
Thu Jul 05, 2018 5:17 pm
Thank you for the rapid reply...
Charge was Theft of motor vehicle, my court document say Unauthorized use of motor vehicle
Looks to me like you’re qualified. Did you submit the successful completion paperwork for your Deferral? Maybe it showed up as an arrest without disposition so they assumed you were convicted. I also believe you may be able to get it expunged, but that shouldn’t really be necessary.
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!!!!"

User avatar

bblhd672
Senior Member
Posts in topic: 1
Posts: 3960
Joined: Mon Jun 06, 2016 10:43 am
Location: TX

Re: Denial Letter: Failed to qualify under eligability criteria...

#5

Post by bblhd672 » Thu Jul 05, 2018 5:36 pm

In what state did the felony unauthorized use occur?
"Being a Normal is a state of mind." - Kurt Schlichter in his new book "Militant Normals: How Regular Americans Are Rebelling Against the Elite to Reclaim Our Democracy"
Freezoxee is the new American patriot network https://friends.freezoxee.com/


Topic author
elephant007
Junior Member
Posts in topic: 5
Posts: 5
Joined: Thu Jul 05, 2018 4:46 pm

Re: Denial Letter: Failed to qualify under eligability criteria...

#6

Post by elephant007 » Thu Jul 05, 2018 5:41 pm

ScottDLS wrote:
Thu Jul 05, 2018 5:34 pm
elephant007 wrote:
Thu Jul 05, 2018 5:17 pm
Thank you for the rapid reply...
Charge was Theft of motor vehicle, my court document say Unauthorized use of motor vehicle
Looks to me like you’re qualified. Did you submit the successful completion paperwork for your Deferral? Maybe it showed up as an arrest without disposition so they assumed you were convicted. I also believe you may be able to get it expunged, but that shouldn’t really be necessary.
Excellent! I did not provide this information initially, I did it all online and just provided my arrest record.
I will go to the County Courthouse tomorrow and get the required paperwork so I can have it when I have my hearing for appeal.

What do you recommend I get from the courthouse?
bblhd672 wrote:
Thu Jul 05, 2018 5:36 pm
In what state did the felony unauthorized use occur?

The incident happend in Texas


orangetx
Junior Member
Posts in topic: 1
Posts: 27
Joined: Fri Jun 29, 2018 8:05 am

Re: Denial Letter: Failed to qualify under eligability criteria...

#7

Post by orangetx » Thu Jul 05, 2018 6:05 pm

Be sure to get a notary signed document saying the DA have been served and you are released. If it’s a felony you need to go in person, if a misdemeanor they can email it to you.

That’s my story, I gave it all up front for the stream line reason. But I’m still on the wait list, so hopefully this weekend :totap:
Who’s interrupting my Kung Fu?!


Topic author
elephant007
Junior Member
Posts in topic: 5
Posts: 5
Joined: Thu Jul 05, 2018 4:46 pm

Re: Denial Letter: Failed to qualify under eligability criteria...

#8

Post by elephant007 » Thu Oct 11, 2018 6:40 pm

I still have not received my appeal date. I've called several times and left my number for a supervisor to call back and nothing. I've emailed a few times with no response.

I'm being patient.
I was told that DPS was waiting for a response from my county clerk and I went to my county clerk and they said that they haven't heard from anyone from DPS on my appeal, I was helped by a person who made several calls to all local entities that would be involved with the situation and nothing.

Does any one have information to help me out? Do I need to seek an attorney that could get the ball rolling faster? How long does it take to get an appeal hearing? Seems like there's a lot of feet dragging... I know I know, it's the government.


WildRose
Senior Member
Posts in topic: 1
Posts: 383
Joined: Wed Jan 31, 2018 1:30 am

Re: Denial Letter: Failed to qualify under eligability criteria...

#9

Post by WildRose » Fri Oct 12, 2018 4:37 am

elephant007 wrote:
Thu Oct 11, 2018 6:40 pm
I still have not received my appeal date. I've called several times and left my number for a supervisor to call back and nothing. I've emailed a few times with no response.

I'm being patient.
I was told that DPS was waiting for a response from my county clerk and I went to my county clerk and they said that they haven't heard from anyone from DPS on my appeal, I was helped by a person who made several calls to all local entities that would be involved with the situation and nothing.

Does any one have information to help me out? Do I need to seek an attorney that could get the ball rolling faster? How long does it take to get an appeal hearing? Seems like there's a lot of feet dragging... I know I know, it's the government.
Unfortunately that's probably your best option. When a lawyer is on the case they will at least take notice whereas if you keep trying this on your own it could go on for months, a year, or longer.
NRA Certified Instructor, RSO, CRSO,
Personal/Family Protection and Self Defense Instructor.
Without The First and Second Amendments the rest are meaningless.

User avatar

mojo84
Senior Member
Posts in topic: 3
Posts: 8535
Joined: Tue Jun 21, 2011 4:07 pm
Location: Boerne, TX (Kendall County)

Re: Denial Letter: Failed to qualify under eligability criteria...

#10

Post by mojo84 » Fri Oct 12, 2018 6:50 am

elephant007 wrote:
Thu Oct 11, 2018 6:40 pm
I still have not received my appeal date. I've called several times and left my number for a supervisor to call back and nothing. I've emailed a few times with no response.

I'm being patient.
I was told that DPS was waiting for a response from my county clerk and I went to my county clerk and they said that they haven't heard from anyone from DPS on my appeal, I was helped by a person who made several calls to all local entities that would be involved with the situation and nothing.

Does any one have information to help me out? Do I need to seek an attorney that could get the ball rolling faster? How long does it take to get an appeal hearing? Seems like there's a lot of feet dragging... I know I know, it's the government.
I would contact my legislative rep before hiring an attorney. He/she may be able to prompt things along if the delay has been unreasonably long.

User avatar

Beiruty
Senior Member
Posts in topic: 4
Posts: 8734
Joined: Tue Aug 12, 2008 9:22 pm
Location: Allen, Texas

Re: Denial Letter: Failed to qualify under eligability criteria...

#11

Post by Beiruty » Fri Oct 12, 2018 7:06 am

As far as I know a DA is considered a conviction for the purposes of obtaining a LTC/CHL.
Your best option is "to purge" the DA from your record. Hire an attorney or petition the court to restore your right for LTC/CHL.
Beiruty,
United we stand, dispersed we falter
2014: NRA Endowment lifetime member


infoman
Senior Member
Posts in topic: 1
Posts: 558
Joined: Mon May 11, 2009 12:51 pm

Re: Denial Letter: Failed to qualify under eligability criteria...

#12

Post by infoman » Sun Oct 14, 2018 7:48 pm

You mentioned you had a felony deferred adjudication in Texas & the charge was unauthorized use of motor vehicle correct? What was the date you were given the deferred adjudication? (not date you completed it). & what County?


Topic author
elephant007
Junior Member
Posts in topic: 5
Posts: 5
Joined: Thu Jul 05, 2018 4:46 pm

Re: Denial Letter: Failed to qualify under eligability criteria...

#13

Post by elephant007 » Mon Oct 15, 2018 8:53 pm

First of all I want to thank everyone for their help and interest...

I contacted my State Representatives' office to see if they would be interested in helping me with my situation. I emailed them on Friday 10/12/2018 at about 9:30 AM. They sent me a reply around 9:40 AM asking for more information so I provided them that information around 8:30 PM Friday night and receive another reply at 10:30 PM indicating they would work on the issue for me first thing Monday morning.

Well today 10/15/2018 at 3:10 PM I received a phone call from Texas Department of Public Safety Office of Regulatory Counsel. A supervisor who said within the first sentences that she was contacted by State Representitive Stan Lambert's office.

We had a pleasant conversation and she said to me that if she's satisfied with why I believe I was wrongfully denied and that they were the ones that made the error, she can reverse the denial without needing to have an appeal hearing.

She asked that I send her my paperwork from my criminal case, the court documents, she will review them and determine if there was an oversight on their behalf that led to my denial. So I emailed the documents and hope to hear from them within the next few days.

Thank you mojo84 for your wonderful suggestion!

Infoman:
I was given the deferred adjudication on March 1, 1993 in Taylor County Texas for the charge of Unauthorized Use of Motor Vehicle

User avatar

mojo84
Senior Member
Posts in topic: 3
Posts: 8535
Joined: Tue Jun 21, 2011 4:07 pm
Location: Boerne, TX (Kendall County)

Re: Denial Letter: Failed to qualify under eligability criteria...

#14

Post by mojo84 » Mon Oct 15, 2018 9:08 pm

elephant007 wrote:
Mon Oct 15, 2018 8:53 pm
First of all I want to thank everyone for their help and interest...

I contacted my State Representatives' office to see if they would be interested in helping me with my situation. I emailed them on Friday 10/12/2018 at about 9:30 AM. They sent me a reply around 9:40 AM asking for more information so I provided them that information around 8:30 PM Friday night and receive another reply at 10:30 PM indicating they would work on the issue for me first thing Monday morning.

Well today 10/15/2018 at 3:10 PM I received a phone call from Texas Department of Public Safety Office of Regulatory Counsel. A supervisor who said within the first sentences that she was contacted by State Representitive Stan Lambert's office.

We had a pleasant conversation and she said to me that if she's satisfied with why I believe I was wrongfully denied and that they were the ones that made the error, she can reverse the denial without needing to have an appeal hearing.

She asked that I send her my paperwork from my criminal case, the court documents, she will review them and determine if there was an oversight on their behalf that led to my denial. So I emailed the documents and hope to hear from them within the next few days.

Thank you mojo84 for your wonderful suggestion!

Infoman:
I was given the deferred adjudication on March 1, 1993 in Taylor County Texas for the charge of Unauthorized Use of Motor Vehicle
Good luck. Hope it works out for you.

User avatar

ScottDLS
Senior Member
Posts in topic: 6
Posts: 4399
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Denial Letter: Failed to qualify under eligability criteria...

#15

Post by ScottDLS » Mon Oct 15, 2018 9:20 pm

Beiruty wrote:
Fri Oct 12, 2018 7:06 am
As far as I know a DA is considered a conviction for the purposes of obtaining a LTC/CHL.
Your best option is "to purge" the DA from your record. Hire an attorney or petition the court to restore your right for LTC/CHL.
A completed Felony DA is only counted as a conviction for 10 years for LTC purposes.
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!!!!"

Post Reply

Return to “General Texas CHL Discussion”