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Federal Tax Issues

Posted: Fri Nov 24, 2006 10:50 am
by Mad4Pistols
Got a buddy that has some back tax issues with the Fed. Government. Will that impeed him from getting his CHL? My CHL instructor said there is cause to deny him but never said if in fact he wouldn't be able to get it. Just wondering if any of you guys have heard anything different? Any feedback is welcome as he's a nice fella that runs his own SMALL business. It keeps him tied up where he hasn't been able to keep up with his responsiblities to the Federal Government. He's not trying to get away with not paying his taxes. His business isn't making him a fortune, just enough to keep his wife at home and food on the table. So why shouldn't he be able to carry legally like the rest of us? :sad:

Re: Federal Tax Issues

Posted: Fri Nov 24, 2006 11:12 am
by kauboy
Mad4Pistols wrote:So why shouldn't he be able to carry legally like the rest of us? :sad:
Possibly, because he is breaking the law!

CHAPTER 411 SUBCHAPTER H
§ 411.172. ELIGIBILITY. (a) A person is eligible for a
license to carry a concealed handgun if the person:
...
(11) has not been finally determined to be delinquent
in the payment of a tax or other money collected by the comptroller,
the tax collector of a political subdivision of the state, or any
agency or subdivision of the state;


Its doesn't say "federal tax" but taxes none the less. I doubt he will be approved. But, thankfully, its not up to me. Good luck to your friend.

Posted: Fri Nov 24, 2006 11:20 am
by Mad4Pistols
Thanks for the reply Kauboy. Thats what has always puzzled me is that the state law mentions state taxes but not Federal. Or at least I didn't see the Federal part.

Posted: Fri Nov 24, 2006 11:31 am
by kauboy
I'll see if I can rummage up the Federal law and find a more definitive answer for ya. ;-)

EDIT: Come to think of it, I don't think Federal law regulates the allowance of states to restrict carry licensing, so they really can't say anything about it. Its a matter left to the state. Your friend may very well not have a problem at all. Time will tell.

Posted: Fri Nov 24, 2006 11:41 am
by Charles L. Cotton
Gov't Code §411.172(a)(11) applies to money collected by the State if Texas, not the feds. If his problems do not include a criminal conviction, he should be fine.

Caveat: I don't know if DPS is stretching 411.172(a)(11) to include federal taxes, but I doubt it as it would violate the Gov't. Code.

Chas.

Posted: Fri Nov 24, 2006 11:43 am
by kauboy
Ahrg... Chuck beat me to my edit. :razz:

Posted: Fri Nov 24, 2006 11:50 am
by Mad4Pistols
Thanks Gentlemen for your excellent comments. I'm going to tell him to proceed with his request. He has already finished the CHL course and was just worried about sending the monies to the state and never hearing anything back. I've heard horror stories. Anyway I appreciate the good information and I know he will too.