Youth Correction Act Qualified?

[boomerang]

Further, because your CHL will not be from Texas, the Texas requirement for you to show your CHL as well as your DL does not apply. It is also not likely that state will have a requirement to display (you'll need to check), so that whole scenario should not be a worry for you.

With the notification nonsense, a traffic stop might be less of a hassle if you have a Utah CFP or Florida CWFL instead of a Texas CHL.

[Blanco]

Thanks for the info on the out of state CHL. I think I will stick with the State of Texas. I am still awaiting the outcome of the JP hearing that is scheduled for a week or so from now. If the state of Texas decides that I should not carry, then I am not going to do an end run around. For me, it's the principle of the thing. I think it was Davy Crockett that said "Be sure you're right, then go ahead". thanx for all the advice. I had no idea that other states would issue for citizens that were not even residents of their state. Does Texas do that or only Florida and utah?

[Blanco]

just wanted you guys to know that I had my JP hearing today concerning my concealed carry permit. The JP ruled in my favor and told the state attorney that the justice system was seriously broken when the State would deny someone who the judge described as "a poster child for the success of the YCA act." The decision did not deter the State whatsoever. Her response was "the state is appealing the decision" So now, more money and on up the ladder. Thanks for your support. I will let you know what transpires from here.

[Kalrog]

I will let you know what transpires from here.

Thanks for the update - good luck!

Can I suggest getting your reps involved?

[Crossfire]

I had no idea that other states would issue for citizens that were not even residents of their state. Does Texas do that or only Florida and utah?

Yes, Texas also issues non-resident permits, as do several other states.

Good luck with your appeal. Contacting your state representative might not be a bad idea.

[Blanco]

Thanks for the recommendation, I am writing a letter to Rick Perry, it would not be a hard thing to send state reps a letter as well. In the mean time, If any of you out there are going thru something like this and would like insight please let me know. I know my experiences might be able to help someone with a glimpse into the DPS and the process they go thru.

[icarry247]

Excellent idea on the Reps.

You might also contact Joe Driver of Garland. I believe he headed up the committee this last session that was instrumental in pushing through the Castle Law and others. I have meet him a couple of times and can assure you that he is a strong supporter of our rights to carry in this state. You may be able actually speak to Mr. Driver and he may have additional advice as well.

Good Luck!

[KD5NRH]

When the state attorney sent my denial letter she attached several case files concerning The 1950 youth correction act. The state lost at JP level, and county level, but the state attorneys for DPS appealed in all cases until they got to the Appellate court.

Would you be willing to share enough information for the rest of us to write to our reps referencing this as well? This sounds like a perfect argument for all of the people getting the "limited budget and manpower" excuse for their licenses not being issued on time. (I wonder how many more processing personnel they could hire with the savings from not pushing these cases beyond the county level, since "the judge told us to issue" is all the CYA they really need.)

[Blanco]

Sorry, I haven't been on in a coupla weeks. Had a death in the family. First of all, how do I get in touch with the gentleman out of Garland? Would you have an address or telephone number on this guy. Secondly, yes I think I have enough information to give you guys a sample of what the state attorney for the DPS is chasing and spending our tax dollars to do to those of us seeking concealed carry. I was appalled at some of the cases that were taken all the way to the appeals court. Unfortunately, It may take me the rest of the week to get this information posted on the forum. It would seem that the state does not trust the local judges and JP's to make decisions about who will carry in their counties. Like many of you out there, I believe that the local justices should have final say as to whether or not someone in their county should be carrying a handgun, not the bureaucrats in Austin.
This next question is posed to our moderator, "Charles, can I legally post case names and numbers on this forum without getting in a legal frying pan? I await your answer and will post according to your response.
Thanks again guys for all the advice and support.

[Blanco]

NOW WHAT? Today at 5PM the state window for appealing the JP decision closed, apparently without an appeal being filed. Which means I won, I guess. What do I do now? Do I write a letter to the DPS with the judges decision asking for my license? Do I send in a new application? Do I ask the JP to contact the state attorney? Anyone out there have any idea as to how long it will take or how long the state can delay issuing the license,now that I have an uncontested ruling in my favor?

I wanted to wait to give details on cases that the state has spent thousands of taxpayer dollars chasing thru the appeals process. If any of you are thinking of sending letters to your legislators and would like the information that I have I would be happy to provide it but I do not know what the legal ramifications of divulging that information might be. Let me hear from someone concerning this and I will give you what I have. Again, thanks for all the advice.

[KaiserB]

.... First of all, how do I get in touch with the gentleman out of Garland? Would you have an address or telephone number on this guy....

Joe Driver is a State Representative. He has a website: http://www.house.state.tx.us/members/dist113/driver.htm

Capitol Office
Room CAP 4S.06
P.O. Box 2910
Austin, TX 78768
(512) 463-0574
(512) 463-1481

District Office
201 South Glenbrook Dr.
Garland, TX 75040
(972) 276-1556

[KD5NRH]

This next question is posed to our moderator, "Charles, can I legally post case names and numbers on this forum without getting in a legal frying pan? I await your answer and will post according to your response.

I understand your concern. If there are no objections, I think a new thread in the Waiting Room and/or Legislative sections (possibly even a sticky in Waiting Room, since so many people are getting the "not enough funds/personnel" excuse) with this information would gather a bit more attention from all forum members, and hopefully generate a lot of letters to reps.

(BTW, good letter-writers, please post any letters you generate from the info, as well as whether you mind the rest of us excerpting or flat-out copying them to our reps.)

[lrb111]

NOW WHAT? Today at 5PM the state window for appealing the JP decision closed, apparently without an appeal being filed. Which means I won, I guess. What do I do now? Do I write a letter to the DPS with the judges decision asking for my license? Do I send in a new application? Do I ask the JP to contact the state attorney? Anyone out there have any idea as to how long it will take or how long the state can delay issuing the license,now that I have an uncontested ruling in my favor?

I wanted to wait to give details on cases that the state has spent thousands of taxpayer dollars chasing thru the appeals process. If any of you are thinking of sending letters to your legislators and would like the information that I have I would be happy to provide it but I do not know what the legal ramifications of divulging that information might be. Let me hear from someone concerning this and I will give you what I have. Again, thanks for all the advice.

First congratulations on your win, and approval by the court. That's huge.

I'll hazard a suggestion.
I would attempt to fire up the old application first. Since, you already had an application in the system, you should send certified copies of the decision, and some kind of note that the time limit for appeal has passed, with no action. I hope you have your license number from your previous application to reference.

There are many instances where applications can be held up, awaiting further input. There is no way for any of us to know if this is one of them. However, if your input back to DPS, assumes the positive position, and tells the clerks the place to start, (with the least effort on their part), you should have a better chance at success.

There's no guarantee on how this may fly on getting the application to begin moving through the system, but the numbers that were sent in on your application is your license number, and is also your case tracking number. That's what I am basing this viewpoint on.

If this was your only stumbling block, and under the old time frames that DPS was capable of, I would have expected a license to be issued in a matter of weeks. Under the new time frames, and the grinder that office has become, I can only wish you luck.

[Blanco]

Looks like I spoke too soon. The state attorney appealed the decision of the local JP on the last day and the last hour of the appeal window. So, now off to the county courthouse for round two. I wonder just how much money is being spent by the DPS including time, food, lodging, admin help, travel, etc. fighting each of us that gets a preliminary denial. I have spoken with the JP and my attorney and think that I will take their advice. Wait till the process in this case is completely over, and then take everything I have to our congressmen and Senators. By waiting, I will have nothing personally to gain by any decision made. I have made a personal promise to myself to become a crusader for anyone caught in a similar trap. Just waiting now till its over. It would be a best guess at this time that if the state loses at the county level there will be an automatic appeal by DPS to the next higher court. Something needs to be done about this. I am not an advocate of giving everyone who applies for a permit automatic approval but would think that the county and local justices should be the ones making that ultimate decision. No wonder the state does not have the funds or personnel to handle the applications on a timely basis.

[KBCraig]

Wow.

If there's a legislative remedy, it should be that the CHL applicant can appeal at every stage, but DPS cannot. The first ruling in favor of the applicant should be final.