error on application

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apostate
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Re: error on application

#16

Post by apostate » Thu Jul 12, 2018 4:19 pm

sharkyhar68 wrote:
Mon May 18, 2015 5:20 pm
WildBill wrote: 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.

Oh, good. So you're only violating federal law, not state law.
I'm too old for this...


srothstein
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Re: error on application

#17

Post by srothstein » Thu Jul 12, 2018 9:49 pm

sharkyhar68 wrote:
Mon May 18, 2015 5:16 pm
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.
Actually, there may be some good news for you in the near future. There is a court case working its way through the federal appellate level where someone is arguing that his one time old conviction should not be a permanent bar to owning firearms. It is an interesting, IMO, case and holds some promise for people who made one mistake a long time ago. I do not know if it will help you because it may depend on what you were convicted of. But remembering that possession of marijuana was a felony in the 60s and is legal now in some places (well under state law but not federal yet) make me sure there should be some way to get this changed.

Sorry, I don't remember the case citation right now.
Steve Rothstein

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PriestTheRunner
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Re: error on application

#18

Post by PriestTheRunner » Fri Jul 13, 2018 11:23 am

srothstein wrote:
Thu Jul 12, 2018 9:49 pm
sharkyhar68 wrote:
Mon May 18, 2015 5:16 pm
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.
Actually, there may be some good news for you in the near future. There is a court case working its way through the federal appellate level where someone is arguing that his one time old conviction should not be a permanent bar to owning firearms. It is an interesting, IMO, case and holds some promise for people who made one mistake a long time ago. I do not know if it will help you because it may depend on what you were convicted of. But remembering that possession of marijuana was a felony in the 60s and is legal now in some places (well under state law but not federal yet) make me sure there should be some way to get this changed.

Sorry, I don't remember the case citation right now.
Sessions vs. Binderup

https://www.reuters.com/article/us-usa- ... SKBN19H1KZ


BBYC
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Re: error on application

#19

Post by BBYC » Fri Jul 13, 2018 1:22 pm

sharkyhar68 wrote:
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.
You shot the LTC proficiency test in your home? :shock:
God, grant me serenity to accept the things I can't change
Courage to change the things I can
And the firepower to make a difference.


srothstein
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Re: error on application

#20

Post by srothstein » Fri Jul 13, 2018 10:22 pm

PriestTheRunner wrote:
Fri Jul 13, 2018 11:23 am
Sessions vs. Binderup
https://www.reuters.com/article/us-usa- ... SKBN19H1KZ
Thanks for posting that. I appreciate it.
Steve Rothstein


apostate
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Re: error on application

#21

Post by apostate » Fri Jul 13, 2018 10:48 pm

SCOTUS denied certiorari on Binderup v. Sessions and Peruta v. California which speaks volumes.
I'm too old for this...

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OldCurlyWolf
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Re: error on application

#22

Post by OldCurlyWolf » Wed Jul 18, 2018 1:11 pm

apostate wrote:
Thu Jul 12, 2018 4:19 pm
sharkyhar68 wrote:
Mon May 18, 2015 5:20 pm
WildBill wrote: 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.

Oh, good. So you're only violating federal law, not state law.
Likely not violating federal law if his probation ended in 67. That is pre GCA of 1968. Prior to 1968, at 15, I could buy a firearm at a store. there were no FFL's and a convicted felon, not on parole or probation could legally own firearms.
:smash:
I won't be wronged, I won't be insulted, and I won't be laid a hand on.
I don't do those things to other people and I require the same of them.

Don’t pick a fight with an old man. If he is too old to fight, he’ll just kill you.


BBYC
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Re: error on application

#23

Post by BBYC » Wed Jul 18, 2018 1:30 pm

OldCurlyWolf wrote:
Wed Jul 18, 2018 1:11 pm
apostate wrote:
Thu Jul 12, 2018 4:19 pm
sharkyhar68 wrote:
Mon May 18, 2015 5:20 pm
WildBill wrote: 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.

Oh, good. So you're only violating federal law, not state law.
Likely not violating federal law if his probation ended in 67. That is pre GCA of 1968. Prior to 1968, at 15, I could buy a firearm at a store. there were no FFL's and a convicted felon, not on parole or probation could legally own firearms.
:smash:
It would have been legal under Federal law to purchase a gun back then but that doesn't necessarily mean it's legal to possess guns now. The same for somebody convicted of beating their wife before 1996. United States v. Brady, 26 F.3d 282 (2nd Cir.)

It also doesn't necessarily mean it's legal under Texas law to possess and shoot a handgun at a gun range.
God, grant me serenity to accept the things I can't change
Courage to change the things I can
And the firepower to make a difference.

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