error on application

CHL discussions that do not fit into more specific topics

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sharkyhar68
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error on application

#1

Post by sharkyhar68 » Sun May 17, 2015 2:32 pm

I'm nervous. When I did my Texas CHL appl. online I checked box NO for previous arrests. But they found an arrest I had 50 yrs ago in 1965 which was a felony and I was denied the CHL. Thats fine. I will accept the denial. My question is, will I be prosecuted for making the error of not listing that arrest? Or can i just forget about it all?

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carlson1
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Re: error on application

#2

Post by carlson1 » Sun May 17, 2015 3:40 pm

Welcome to the Forum. Even though you were denied I hope you will hang around.

No need to worry about the omission on your application. You are safe.
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WildBill
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Re: error on application

#3

Post by WildBill » Sun May 17, 2015 3:45 pm

sharkyhar68 wrote:I'm nervous. When I did my Texas CHL appl. online I checked box NO for previous arrests. But they found an arrest I had 50 yrs ago in 1965 which was a felony and I was denied the CHL. Thats fine. I will accept the denial. My question is, will I be prosecuted for making the error of not listing that arrest? Or can i just forget about it all?
Welcome to the forum sharkyhar68. I would be more concerned about being a felon in possession of a handgun than the error on your application.
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carlson1
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Re: error on application

#4

Post by carlson1 » Sun May 17, 2015 3:51 pm

WildBill wrote:
sharkyhar68 wrote:I'm nervous. When I did my Texas CHL appl. online I checked box NO for previous arrests. But they found an arrest I had 50 yrs ago in 1965 which was a felony and I was denied the CHL. Thats fine. I will accept the denial. My question is, will I be prosecuted for making the error of not listing that arrest? Or can i just forget about it all?
Welcome to the forum sharkyhar68. I would be more concerned about being a felon in possession of a handgun than the error on your application.

Maybe one of the legal guys can chime in, but I believe he able to possess a firearm on his property if has been five years after confinement of parole.
Federal law is more restrictive and controls over state law. For instance, Texas Penal Code Sec. 46.04 allows a person with a felony conviction after the fifth anniversary of the person’s release from confinement or the person’s release from community supervision (probation) to possess a firearm on the premises where he or she lives. Federal law does not contain a similar time limit so it is a violation of federal law for that same person to possess a firearm, even in their home.
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Jumping Frog
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Re: error on application

#5

Post by Jumping Frog » Sun May 17, 2015 4:28 pm

sharkyhar68 wrote: But they found an arrest I had 50 yrs ago in 1965 which was a felony and I was denied the CHL.
Did you mean to say they found a conviction? Or was it just an arrest?
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WildBill
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Re: error on application

#6

Post by WildBill » Sun May 17, 2015 4:31 pm

Jumping Frog wrote:
sharkyhar68 wrote: But they found an arrest I had 50 yrs ago in 1965 which was a felony and I was denied the CHL.
Did you mean to say they found a conviction? Or was it just an arrest?
Sorry, I missed that. :oops: I just assumed that it was a conviction.
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lildave40
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Re: error on application

#7

Post by lildave40 » Mon May 18, 2015 4:40 pm

I know this is a newb question. But if arrested but not convicted how can they deny a permit?


mr1337
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Re: error on application

#8

Post by mr1337 » Mon May 18, 2015 4:45 pm

lildave40 wrote:I know this is a newb question. But if arrested but not convicted how can they deny a permit?
You can't make any material misrepresentation on your application. So if the arrest was not disclosed, yet did not result in a conviction, the license may be denied because that's what you agreed to when you submitted your application.
Keep calm and carry.

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sharkyhar68
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Re: error on application

#9

Post by sharkyhar68 » Mon May 18, 2015 5:16 pm

Jumping Frog wrote:
sharkyhar68 wrote: But they found an arrest I had 50 yrs ago in 1965 which was a felony and I was denied the CHL.
Did you mean to say they found a conviction? Or was it just an arrest?
Yes, it was a conviction. 50 yrs ago. Non-violent. You would think a person could get a break for not having another arrest or conviction since then & lived a good life. But the laws the law.


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sharkyhar68
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Re: error on application

#10

Post by sharkyhar68 » Mon May 18, 2015 5:18 pm

mr1337 wrote:
lildave40 wrote:I know this is a newb question. But if arrested but not convicted how can they deny a permit?
You can't make any material misrepresentation on your application. So if the arrest was not disclosed, yet did not result in a conviction, the license may be denied because that's what you agreed to when you submitted your application.

I should have said conviction.


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sharkyhar68
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Re: error on application

#11

Post by sharkyhar68 » Mon May 18, 2015 5:20 pm

WildBill wrote:
sharkyhar68 wrote:I'm nervous. When I did my Texas CHL appl. online I checked box NO for previous arrests. But they found an arrest I had 50 yrs ago in 1965 which was a felony and I was denied the CHL. Thats fine. I will accept the denial. My question is, will I be prosecuted for making the error of not listing that arrest? Or can i just forget about it all?
Welcome to the forum sharkyhar68. I would be more concerned about being a felon in possession of a handgun than the error on your application.
I only have guns in my home. Don't carry off the property.


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sharkyhar68
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Re: error on application

#12

Post by sharkyhar68 » Mon May 18, 2015 5:22 pm

WildBill wrote:
Jumping Frog wrote:
sharkyhar68 wrote: But they found an arrest I had 50 yrs ago in 1965 which was a felony and I was denied the CHL.
Did you mean to say they found a conviction? Or was it just an arrest?
Sorry, I missed that. :oops: I just assumed that it was a conviction.
Yes, it was a conviction.


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sharkyhar68
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Re: error on application

#13

Post by sharkyhar68 » Mon May 18, 2015 5:28 pm

carlson1 wrote:
WildBill wrote:
sharkyhar68 wrote:I'm nervous. When I did my Texas CHL appl. online I checked box NO for previous arrests. But they found an arrest I had 50 yrs ago in 1965 which was a felony and I was denied the CHL. Thats fine. I will accept the denial. My question is, will I be prosecuted for making the error of not listing that arrest? Or can i just forget about it all?
Welcome to the forum sharkyhar68. I would be more concerned about being a felon in possession of a handgun than the error on your application.

Maybe one of the legal guys can chime in, but I believe he able to possess a firearm on his property if has been five years after confinement of parole.
Federal law is more restrictive and controls over state law. For instance, Texas Penal Code Sec. 46.04 allows a person with a felony conviction after the fifth anniversary of the person’s release from confinement or the person’s release from community supervision (probation) to possess a firearm on the premises where he or she lives. Federal law does not contain a similar time limit so it is a violation of federal law for that same person to possess a firearm, even in their home.
Then which law should I be concerned with? This is confusing. Texas says I can have gun at home & Feds say no? I did probation that ended in 1967. So according to Texas law I can have guns in my home. I will find out I guess if a Perp. breaks in cause they shall be shot.


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sharkyhar68
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Re: error on application

#14

Post by sharkyhar68 » Mon May 18, 2015 5:31 pm

carlson1 wrote:Welcome to the Forum. Even though you were denied I hope you will hang around.

No need to worry about the omission on your application. You are safe.

Thanks for the welcome & the help.


foobar22
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Re: error on application

#15

Post by foobar22 » Thu Jul 12, 2018 11:51 am

mr1337 wrote:
Mon May 18, 2015 4:45 pm
lildave40 wrote:I know this is a newb question. But if arrested but not convicted how can they deny a permit?
You can't make any material misrepresentation on your application. So if the arrest was not disclosed, yet did not result in a conviction, the license may be denied because that's what you agreed to when you submitted your application.
The statute says that an applicant who meets the eligibility criteria and who "has not made any MATERIAL misrepresentation, or failed to disclose any MATERIAL fact" shall be issued a license. Since, by definition, only facts crucial to determining whether an applicant is eligible are material and hence subject to such misrepresentation, omission of non-disqualifying arrests does not violate the statute. Therefore, you technically need not disclose dropped charges. I omitted two bogus arrests (albeit one as a juvenile and both over 10 years ago) with no issues. But why push it?

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