Denied LTC - How to appeal?

[Big45SmlBll]

Hi all, I am new to the forum. I ran accross it while looking for options to appeal TXDPS decision to deny my LTC. I saw a lot of interaction and good comments so I am hoping someone will have an answer for me.

I was denied my LTC due to criminal record.
How can I appeal TXDPS decision? The letter sent to me says I can appeal it but it must be in writing and received in 30 days. My letter is stamped Jan 22.

First off let me mention, im not who i was. I was 17 years old (1994) and got into trouble. I received deferred adjudication and completed 8 year probation. I have not gotten into trouble since then. Im 42 now and work in corporate world, with 2 undergraduate degree's. The strange part is, I have had my CHL before, which expired in 2012. I didnt renew it due to finances at the time. I have even purchased my own guns from Academy and from Ganders when they were open.
Any help would be appreciated and thanks in advance.

 

[ZX9RCAM]

Welcome to the Forum!
Sorry I can't help with the question.
I don't think there should be a problem.

 

[TxStetson]

Welcome to the forum. Did you answer all the questions truthfully?

 

[Maverick44]

Hi all, I am new to the forum. I ran accross it while looking for options to appeal TXDPS decision to deny my LTC. I saw a lot of interaction and good comments so I am hoping someone will have an answer for me.

I was denied my LTC due to criminal record.
How can I appeal TXDPS decision? The letter sent to me says I can appeal it but it must be in writing and received in 30 days. My letter is stamped Jan 22.

First off let me mention, im not who i was. I was 17 years old (1994) and got into trouble. I received deferred adjudication and completed 8 year probation. I have not gotten into trouble since then. Im 42 now and work in corporate world, with 2 undergraduate degree's. The strange part is, I have had my CHL before, which expired in 2012. I didnt renew it due to finances at the time. I have even purchased my own guns from Academy and from Ganders when they were open.
Any help would be appreciated and thanks in advance.

Did the letter have the number you could call? if not, try this one and see if you can't get get a hold of someone who handles appeals. (512) 424-7293. That number is for the DPS department that handles handgun licensing, so they should have answers for you.

Welcome to the forum.

 

[Big45SmlBll]

Welcome to the Forum! Sorry I can't help with the question. I don't think there should be a problem.

Thanks, and I'm looking forward to checking out more threads on this forum.

Welcome to the forum. Did you answer all the questions truthfully?

Yes i gave the disposition number that was requested. I answered truthfully. Plus I had already had my CHL before, but it expired.

Did the letter have the number you could call? if not, try this one and see if you can't get get a hold of someone who handles appeals. (512) 424-7293. That number is for the DPS department that handles handgun licensing, so they should have answers for you.

Welcome to the forum.

Thanks, yes there was a number. Ill try calling on Monday. They were closed last time i tried to call.

I dont even know where to begin with writing an appeal. Any opinions? Should I google it and use what I find as a template? Or write an essay about why I deserve to have the decision reversed? Before this I never even knew you could appeal it. But then again, I guess the law always allows an appeal.

 

[Coiled]

... with 2 undergraduate degree's.

I would have rejected you too since you don't know the difference between plural and possessive.

I don't have the answer either, just a thought. If you still have or a copy of the expired CHL, asked them what has changed in the approval process. Good luck.

 

[Big45SmlBll]

I would have rejected you too since you don't know the difference between plural and possessive.

I don't have the answer either, just a thought. If you still have or a copy of the expired CHL, asked them what has changed in the approval process. Good luck.

No English major here, just business lol.
And thanks a lot. You make a good point. I'll be sure to ask what has changed since then.
PS, was my grammer okay? But, hey, at the very least, I do know that "a lot" is spelled with 2 words lol.

 

[toddnjoyce]

Hi all, I am new to the forum. I ran accross it while looking for options to appeal TXDPS decision to deny my LTC....The strange part is, I have had my CHL before, which expired in 2012. I didnt renew it due to finances at the time....

Were you trying to renew your expired CHL or did you apply for a new LTC?

 

[Army 1911]

I think they want a hard copy of how your case was disposed of by the court. In some cases/states after completing the requirements of deferred adjudication you can have the record expunged.

 

[sidebite252]

I would have rejected you too since you don't know the difference between plural and possessive.

Please??? Lmao

 

[jar]

Since you are on a timeline, make sure you go ahead and at least begin the appeal process to start a new clock and timeline. It might take awhile to get the documentation they want.

 

[TxStetson]

Thanks, and I'm looking forward to checking out more threads on this forum.


Yes i gave the disposition number that was requested. I answered truthfully. Plus I had already had my CHL before, but it expired.


Thanks, yes there was a number. Ill try calling on Monday. They were closed last time i tried to call.

I dont even know where to begin with writing an appeal. Any opinions? Should I google it and use what I find as a template? Or write an essay about why I deserve to have the decision reversed? Before this I never even knew you could appeal it. But then again, I guess the law always allows an appeal.

Was it a Texas CHL that you had before?

 

[easy rider]

As has been said, many states expunge deferred adjudication, unfortunately not Texas. Until a deferred prosecution is expunged through court Texas sees it as a conviction. I'm not sure why you were able to get CHL before and now denied an LTC. From what I understand, and it would be beneficial to you, is that you should request through court to have it expunged. This better explains it:
http://www.lapinlawtx.com/firearms-blog/deferred-adjudication-and-texas-concealed-handgun-licenses

 

[CyberWolf]

Hi all, I am new to the forum. I ran accross it while looking for options to appeal TXDPS decision to deny my LTC. I saw a lot of interaction and good comments so I am hoping someone will have an answer for me.

I was denied my LTC due to criminal record.
How can I appeal TXDPS decision? The letter sent to me says I can appeal it but it must be in writing and received in 30 days. My letter is stamped Jan 22.

Have a few thoughts on this which I figured may be of some help/interest...

Disclaimer: I'm not a lawyer and this is not legal advice, just some general thoughts & ramblings from a random dude on the interwebz; please consider as such.


First, don't bother calling, you'll just be wasting your time. Get it out the door in writing asap to the address provided, and use certified mail. keep the tracking info just in case needed later.

Once the appeal has been opened, I would expect the case to be assigned to an investigator who will contact you as necessary.

I dont even know where to begin with writing an appeal. Any opinions? Should I google it and use what I find as a template? Or write an essay about why I deserve to have the decision reversed? Before this I never even knew you could appeal it. But then again, I guess the law always allows an appeal.

Start small, keep it simple. e.g: "hi, my name is ___, and I would like to appeal the refenced denial because blah blah blah (innocent/not me/had a get out of jail free card/etc.), and have attached the denial letter to this request for appeal. I have also included some information/records which support my appeal request...."

First off let me mention, im not who i was. I was 17 years old (1994) and got into trouble. I received deferred adjudication and completed 8 year probation. I have not gotten into trouble since then. Im 42 now and work in corporate world, with 2 undergraduate degree's. The strange part is, I have had my CHL before, which expired in 2012. I didnt renew it due to finances at the time. I have even purchased my own guns from Academy and from Ganders when they were open.
Any help would be appreciated and thanks in advance.

Based on your description, it appears that your prior CHL was in Texas, and you have been able to pass an NICS E-Check (4473), correct?

If that is so (otherwise the rest of this post may not be relevant to your situation; the suppositions listed below are predicated upon those conditions being true), there are a few possibilities that come to mind as to what may have happened...

1. Getting simple stuff out of the way first, it's possible (but very unlikely in this case) someone just fat fingered your SSN on form somewhere, and if you have a common name, possible incorrect records match with a Prohibited Person.

2. It's possible that a recent records/system update, internal review, etc. has resulted in new or changed information (electronic records) in the system. This one has a few potential breakout areas...

Assuming that your (original) court records show everything as NP'd (or the equivalent, otherwise I would think you'd have been considered a Prohibited Person the whole time), it's possible that:

a. Disposition coding for your charges was lost in the electronic records.

b. Depending on where you were arrested (and by whom), it's possible that a hardcopy arrest record existed which was updated to electronic records at some point without being linked to (and updated alongside) your court records. This possibility may apply for probation records as well.

All of these are tied to the definitions provided at:
https://www.atf.gov/firearms/identify-prohibited-persons

I'm thinking at a minimum you'll need to provide hard copies of the original court records, and may possibly need to obtain & provide other official documents as well (e.g. scenario 2.b above), but I wouldn't wait to collect that before filing the appeal, get that in first.

Hope that helps, but remember, these thought are ultimately worth just what you paid for them, and any of these points may be handled differently in TX than elsewhere (e.g. - I could be off on any of these points as applied here).

 

[ZX9RCAM]

Following up with cyberwolfes post where he mentions them, I will ask, you did provide copies of the original court records once already, correct?

 

[Big45SmlBll]

Were you trying to renew your expired CHL or did you apply for a new LTC?

I took the course again and applied for new LTC.

I think they want a hard copy of how your case was disposed of by the court. In some cases/states after completing the requirements of deferred adjudication you can have the record expunged.

I don't think Texas will expunge a record unless it was dismissed or charge dropped.

 

[Coiled]

IIRC and dependent on the type of charge, you can have the record expunged after XX amount of time has passed.

 

[Sam7sf]

Correct me if I’m wrong but I thought Texas doesn’t expunge. They only honor other states expungements as Texas fallows federal requirements, for example read the instructions on the back of a 4473 for things that do not apply.

In ops case, Texas views his history as no good. As easy rider linked for you, it’s clearly stated. So with that and only being able to get it off your record if it happened in another state, it looks like he may want to research a judge granting his relief.

I think op should be careful, research and understand the exact interpretation of the law, and proceed responsibly. I could be wrong but everything I have seen indicates maybe his past license was a fluke and now as databases and communication between LE have improved, the reality of his situation might be clear.

 

[Bithabus]

What state issued your previous CHL?

You may purchase guns from an FFL since your felony was deferred, but the State of Texas considers a deferral as a conviction for many purposes. If you want to carry legally in TX you can get a license from another state, such as Arizona.

 

[Bithabus]

Assuming that your (original) court records show everything as NP'd (or the equivalent, otherwise I would think you'd have been considered a Prohibited Person the whole time), it's possible that:

He wasn't NP'd. He admitted responsibility and was given probation/ deferred adjudication. That does not make him ineligible to purchase a firearm through an FFL but it does make him disqualified for a Texas LTC. IF DPS issued him one before they did so in error, and now they have caught their mistake.