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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.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?
WildBill wrote: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.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?
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.
Did you mean to say they found a conviction? Or was it just an arrest?sharkyhar68 wrote: But they found an arrest I had 50 yrs ago in 1965 which was a felony and I was denied the CHL.
Sorry, I missed that.Jumping Frog wrote:Did you mean to say they found a conviction? Or was it just an arrest?sharkyhar68 wrote: But they found an arrest I had 50 yrs ago in 1965 which was a felony and I was denied the CHL.
I just assumed that it was a conviction.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.lildave40 wrote:I know this is a newb question. But if arrested but not convicted how can they deny a permit?
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.Jumping Frog wrote:Did you mean to say they found a conviction? Or was it just an arrest?sharkyhar68 wrote: But they found an arrest I had 50 yrs ago in 1965 which was a felony and I was denied the CHL.
mr1337 wrote: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.lildave40 wrote:I know this is a newb question. But if arrested but not convicted how can they deny a permit?
I only have guns in my home. Don't carry off the property.WildBill wrote: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.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?
Yes, it was a conviction.WildBill wrote:Sorry, I missed that.Jumping Frog wrote:Did you mean to say they found a conviction? Or was it just an arrest?sharkyhar68 wrote: But they found an arrest I had 50 yrs ago in 1965 which was a felony and I was denied the CHL.
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.carlson1 wrote:WildBill wrote: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.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?
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.
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.
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?mr1337 wrote: Mon May 18, 2015 4:45 pmYou 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.lildave40 wrote:I know this is a newb question. But if arrested but not convicted how can they deny a permit?