Is issuing the lic. to carry based on feelings? I did the whole process and even stated I have been arrested but not convicted of Assault. ( over ten years ago ). I got a letter almost 60 days after I completed everything showing I was convicted. I sent all proof that charges were dismissed , but the letter stated they have another 180 to make a decision. So im confused if its based on feelings and not facts?
Also if they decide to not issue can I appeal? I have purchased several guns with no issues so why an issue now?
Texas has 60 days to issue a permit or request additional information. If additional information is requested, they have 180 days to issue. Assault is a barring offense so it flagged you, and they want proof of what happened. I believe that since you were not convinced, had the paperwork, and immediately sent it in, more than likely you will be issued a permit. It isn’t based on feeling, you just hit a snag.
To be honest what drove me crazy is they waited almost the entire 60 days. I had several of friends and family do with and after me and they all got it within a week.
I also hit the snag that the want original police report and apparently that will be a while since its old. I had to submit a request and they have to look for it. All other paperwork was available thru my local courthouse.
It’s the government… you know they are never in a hurry🤣 it took mine about 45 days to arrive. Make sure you tell the DPS that the local PD is trying to locate the report. If additional information is requested, and the information isn’t submitted immediately, the application is denied. I don’t know what the DPS’s definition of “immediately” is, though.
Just a note, a non-conviction and over 10 years ago may not even be on your record any longer. Have that checked out, if it’s there, jump through the hoops to have it “Expunged” It is very important to make sure it goes away as never having happened.
I have a relative that was arrested, Aggravated Burglary, back in the early 90’s. He took it to TRIAL as he did not do it. He was found innocent by a jury. He sued the city and won a civil suite AND had his record expunged, so it was as if it never happened.
He applied for a CCP in Texas back in … like 2006 ish and didn’t even put it on the form, as by law in never happened. He got his CCP, no questions.
This is VERY good advice! People don’t realize it until it happens to them, but these databases are full of errors, and sometimes the info miraculously changes from good to bad after…oh…let’s say…24 years.
The LTC background check is NOT a background check. It is a background INVESTIGATION. It is the strictest of all shall issue states in the USA. There are records databases accessible to LE way beyond NCIC, and TX DPS does THAT kind of a background investigation. It will include all recorded interactions with LE, courts, and then some…for the whole US and INTERPOL. If any of that data even mistakenly says you are a no-go, you get tossed. If they ask for additional documentation, it means they pretty much already know the truth, but want you to cover their butts by getting them the proof. They will deny without questioning erroneous reporting in the database if they can, forcing you to appeal. Even when you provide proof, they will likely take the full 180 days before ruling in your favor. During that time, they are waiting to see if anything else “comes up.”
I have a formal apology letter from the deputy director for criminal investigations of the Navy Criminal Investigative Service on their letterhead, forwarded to me by my Congressman on his letterhead, explaining that they erroneously reported me to NCIC as having an other than honorable discharge from the Navy when, in fact, I have an honorable. I always did. For 24 years. Then, it suddenly changed after the Sutherland Springs Massacre, because some kid who had been in the Navy for less than 2 years was told he had until the end of the week to update all NCIC reports from the USN. Nobody told him it couldn’t contain errors. So it did. At last count, about 33,000 errors.
The moral of the story is this background investigation will turn up arrests, even wrongful ones, being suspected of something you were never even charged for, and any allegations anyone ever made against you which got recorded by some cop, doctor’s office, etc. somewhere. TX has many health based grounds for denial written in to the statute without much specificity. And they do check your available health records (Medicare, Medicaid, Social Security, public hospitals, military, etc.) So paying an attorney who specializes in expunging and sealing records is a GREAT investment in post-Constitutional America. It’s not that expensive in the grand scheme of what lawyers charge for stuff. Much closer to Legal Zoom prices than you would expect.
I learned all of this when, after many years, TX DPS notified me that my renewal of my LTC Instructor license was denied “due to a Dishonorable Discharge from the US Armed Forces.” I just about lost my mind! Then I discovered it was happening to a LOT of veterans. Then I moved to Florida and let all my TX professional licenses expire.