Got Delayed....have some questions

[txinvestigator]

i just might have to try that...or i guess after i take me CHL class ill figure it out

If you are denied you will be given a form where you can call to find out why and clear it up if possible. You don't need the expense of an FBI check.

You wrote something interesting a few posts ago.

as i know i am perfectly legal to own a firearm....unless the court system has something screwed up

Were you charged in the past with a crime and perhaps given deferred, or something of that nature? I wonder why the court system would be an issue?

The answer to that might shed some light on the delay.

 

[Stigo]

In Feb '06 i was arrested for a DWI, but wasnt charged with a DWI, it got switched to a minor traffic ticket. "failure to maintain single marked lane" or something like that

 

[txinvestigator]

In Feb '06 i was arrested for a DWI, but wasnt charged with a DWI, it got switched to a minor traffic ticket. "failure to maintain single marked lane" or something like that

That may be the reason for the delay. The FBI is verifying the conviction that would keep you from being denied.

 

[Stigo]

any way that i can get that all cleared up and make sure that all is good in the future

 

[txinvestigator]

any way that i can get that all cleared up and make sure that all is good in the future

I believe there is. You get some sort of "number" or code or something. Any of you guys more versed in the FFL stuff than I can help him out?

 

[TxEMTP69]

UPIN i think is what its called - Unique Personal ID Number - not sure if its good forever or just that purchase? I remember someone saying something about it, I think... lol

 

[Stigo]

yea its a upin number but i dont know how long it takes to get one and i think it costs ya....im takin my CHL class in a week or two so ill just see how that goes i guess. If there is something on my background when i do the CHL is there a way to correct it without having to take the course again?

 

[TxEMTP69]

Be honest about all arrests and convictions on the app and if you are eligible it will work out.

here is a link to eligibility questions [URL]http://www.texasonline.state.tx.us/NASApp/txdps/TxdpsChlNewAppManager click continue and apply for license, will show you questions. Also applying online may speed up the process a bit, may not. [/URL]

 

[Stigo]

Well i got my gun picked up this afternoon, goin to shoot it out at Red's tonight as soon as i can get out of the office

 

[LonghornAR15]

Stigo, if you are concerned about getting your background stuff cleared so that you don't get delayed, you probably dont need to go through the FBI. It's my understanding that the NICS goes through local/state records to see if you have any convictions/pending charges. often times with DPS they don't have the disposition of cases on file, just an arrest and charge. This is where the delay can come. If you go to the county or district clerks office, in your case probably county, and get a copy of the disposition in your case, you just need to fax that to DPS. I think it is their crime records or crime information correction office, or something like that. That is what I did.

As part of your charge and whatever deal you had, did you have to attend any kind of alcohol/drug treatment? If you have been in treatment within the last 5 years, you still meet the criteria for "chemically dependent" described in the CHL eligibility guidelines. The recent DWI arrest alone may be enough to bar you, but probably not. But definitely if you had to go to any kind of rehab or treatment, you have to wait 5 years.

Someone please correct me if I'm wrong about this.

 

[randmplumbingllc]

UPIN i think is what its called - Unique Personal ID Number - not sure if its good forever or just that purchase? I remember someone saying something about it, I think... lol

Unique Personal Identification Number = UPIN Yeah, I had to get one, was always getting delayed. If you are getting a CHL, I would not worry bout it. FYI, all you do to get one is request one from the Dept. of Justice, if I recall. Does not cost anything, but takes a while to get. It DOES NOT EXPIRE either.

Someone may have a name close or the same as you and that may be the cause of your delay. That was my problem.

 

[Stigo]

Stigo, if you are concerned about getting your background stuff cleared so that you don't get delayed, you probably dont need to go through the FBI. It's my understanding that the NICS goes through local/state records to see if you have any convictions/pending charges. often times with DPS they don't have the disposition of cases on file, just an arrest and charge. This is where the delay can come. If you go to the county or district clerks office, in your case probably county, and get a copy of the disposition in your case, you just need to fax that to DPS. I think it is their crime records or crime information correction office, or something like that. That is what I did.

As part of your charge and whatever deal you had, did you have to attend any kind of alcohol/drug treatment? If you have been in treatment within the last 5 years, you still meet the criteria for "chemically dependent" described in the CHL eligibility guidelines. The recent DWI arrest alone may be enough to bar you, but probably not. But definitely if you had to go to any kind of rehab or treatment, you have to wait 5 years.

Someone please correct me if I'm wrong about this.

I had to take a Mothers Against Drunk Driving class and just a DWI Alcohol Awareness class. But no rehab or any of that. Is that going to hinder me from getting my CHL?

 

[saltydog]

not trying to be a jerk but i have a question. how could you pass the CHL requirements but not be allowed to buy a gun? the criteria for the CHL seems to be even more difficult to pass with something questionable on your record.

 

[Texas42]

not trying to be a jerk but i have a question. how could you pass the CHL requirements but not be allowed to buy a gun? the criteria for the CHL seems to be even more difficult to pass with something questionable on your record.

It isn't a question of a "questionable" record. The NICS database system has some flaws. I don't claim to understand it completely, but sometimes people get delayed for many reasons. As I understand it, many times a lot of your information is similar to someone who is ineligable to buy a gun. Or simply, the system breaks down.

The recent high volume of transactions has caused a lot of delays.

 

[txinvestigator]

Stigo, if you are concerned about getting your background stuff cleared so that you don't get delayed, you probably dont need to go through the FBI. It's my understanding that the NICS goes through local/state records to see if you have any convictions/pending charges. often times with DPS they don't have the disposition of cases on file, just an arrest and charge. This is where the delay can come. If you go to the county or district clerks office, in your case probably county, and get a copy of the disposition in your case, you just need to fax that to DPS. I think it is their crime records or crime information correction office, or something like that. That is what I did.

For a NICS delay/denial?

The FBI uses the NCIC system, which in Texas is tied to the DPS. NICS has no way of checking local records.

As part of your charge and whatever deal you had, did you have to attend any kind of alcohol/drug treatment? If you have been in treatment within the last 5 years, you still meet the criteria for "chemically dependent" described in the CHL eligibility guidelines.

Only if he was in inpatient or a residential program

The recent DWI arrest alone may be enough to bar you, but probably not

No, it is not.

But definitely if you had to go to any kind of rehab or treatment, you have to wait 5 years.

again, only if inpatient or residential.

See Texas Government Code 411.172

 

[saltydog]

so the way the system works a person can buy a gun but not get approved for a CHL or vice versa?

 

[Texas42]

so the way the system works a person can buy a gun but not get approved for a CHL or vice versa?

The laws for getting a CHL are different than buying a gun, but to get a CHL you must be able to buy a gun. Think about it. If you can't buy or possess a gun, legally then a CHL is pretty worthless.

 

[txinvestigator]

so the way the system works a person can buy a gun but not get approved for a CHL or vice versa?

If you have a CHL you can transfer a firearm from a federally licensed dealer.

However, if you are denied a CHL you MIGHT still be able to transfer a firearm to you.

For example, in Texas you cannot get a CHL if you have been determined to be delinquent in your child support. But that person is not prohibited from transferring a firearm.

 

[saltydog]

damn laws. what if a person defaulted on a student loan after a divorce but later paid it off. is this something that would keep the hypothetical person from getting a CHL?

 

[Euclid]

I don't mean to hijack your thread, but my question's along the same kind of lines...

Why have I never been blinked at? Every stime I've purchased a firearm, I've been approved instantly over the phone... Even the first one was immediate. Did I just get lucky? Is that typical?