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Denied LTC - How to appeal?

Discussion in 'Texas Concealed Handgun (CHL)' started by Big45SmlBll, Feb 1, 2019.

  1. Bithabus

    Bithabus ! TGT Supporter

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    OK, maybe I was wrong. Depending on your charge, you may be eligible and DPS may have made a mistake.

    Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for:

    (1) a felony offense under:

    (A) Title 5, Penal Code;

    (B) Chapter 29, Penal Code;

    (C) Section 25.07 or 25.072, Penal Code; or

    (D) Section 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or

    (2) an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1).

    Added by Acts 2005, 79th Leg., Ch. 1084 (H.B. 1831), Sec. 2, eff. September 1, 2005.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.01, eff. September 1, 2009.

    Acts 2013, 83rd Leg., R.S., Ch. 96 (S.B. 743), Sec. 7, eff. September 1, 2013.


    So if your charge does not fall under those sections you are eligible. If that's the case, DPS has made a mistake and you should appeal with a copy of your disposition and citing this section.
     


  2. Big45SmlBll

    Big45SmlBll New Member

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    Texas, and I have purchased 2 handguns fron 2 different stores, though that was also around the time I had my CHL I think around late 2000.
    Also, yes I want my LTC, but I want to get it without any loopholes.
    But im curious to why and how Arizona would be different? Plus wouldnt you have to be a resident of the state?
     
  3. Big45SmlBll

    Big45SmlBll New Member

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    This is what I thought too. But I think 411.171 says burglary and other forms of theft disqualify the 10 year rule. Its strange how specific the law is towards theft, there is no mercy them, which I can understand, but I was 17 and with a wrong crowd.
     
  4. Sam7sf

    Sam7sf Well-Known

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    This is why constitutional carry is important. You would be able to move forward with your life without the headache of technicalities

    Most laws are really just based off personal opinion. I personally believe I should be allowed to hang people that steal, pass on the right, don’t keep their barking dogs under control, ect. We both know that will never be law. Unfortunately people have a right to judge you when you steal. I judge people who steal. What’s awesome is you are a productive member of society now. That alone should give you zero complications. I don’t know man...best of luck. I have no doubt you have a tough road ahead.
     
  5. 45tex

    45tex Well-Known

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    Yet our supposed "R" legislators piss away the chairs that control all gun related bills. Why do we have no balls in Austin? Why was Bonnen elected 147-0? My guy Brisco Cain is strangely silent yet complicit.
     
  6. Bithabus

    Bithabus ! TGT Supporter

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    Austin
    Arizona has less stringent requirements. They would not consider your deferral as a conviction. And they will issue to out of state residents. I have an AZ license, in addition to several others. Easy to get and cheap.

    If you want to disclose the exact charge on your disposition we can tell you whether you are eligible for a TX LTC.
     
    Last edited: Feb 9, 2019

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