20 year veteran denied right to buy a gun

[philip964]

http://blog.chron.com/narcoconfidential ... cmpid=hpts" onclick="window.open(this.href);return false;

A Tomball resident failed his background check and couldn't buy a gun over a pot incident in 1971 that he was never convicted of.

[The Annoyed Man]

Not pertinent to this particular story, but it does beg a question in my mind.....

What happens to people who were convicted in the past for pot possession, and then later their state goes and makes pot legal? Are their convictions overturned, or do they remain ex-convicts?

[bubba84]

Its akin to being prosecuted in 2013 for a crime commited in 2010, the law at the time of the offense takes precedence over the current law.

If you are convicted and then the law changes, you are still a convict.

[RAM4171]

Weird
I have a few non-feloneous charges including mj and was never denied and I have my CHL? What can I say I'm wild child gone mild.
must be more to the story

[Keith B]

This type of denial happens a lot more frequently than you may think. Records that are not really as clear as they should be, etc. All that he needs to do is file a NICS Appeal and provide documentation showing he was never convicted. That should clear his NICS issue up.

[Keith B]

Its akin to being prosecuted in 2013 for a crime commited in 2010, the law at the time of the offense takes precedence over the current law.

If you are convicted and then the law changes, you are still a convict.

Well, yes you are still convicted, BUT it may no longer be considered a felony conviction for the purpose of CHL. Government Code GC §411.172 says

(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary; and
TEXAS CONCEALED HANDGUN LAWS 5
(2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.
(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at the time of a person's application for a license to carry a concealed handgun, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this state as a felony.

So, even if it was a felony at one time, but is not a felony when you apply for the license, then it is considered to be what ever level crime it is now. A good example is this type of marijuana possession which was at one time a felony and is now misdemeanor level offense.

[HankB]

Its akin to being prosecuted in 2013 for a crime commited in 2010, the law at the time of the offense takes precedence over the current law.

If you are convicted and then the law changes, you are still a convict.

What if SCOTUS rules the law unconstitutional under a provision of the Constitution that was in effect at the time of the alleged violation?

[android]

Its akin to being prosecuted in 2013 for a crime commited in 2010, the law at the time of the offense takes precedence over the current law.

If you are convicted and then the law changes, you are still a convict.

What if SCOTUS rules the law unconstitutional under a provision of the Constitution that was in effect at the time of the alleged violation?

SCOTUS decisions are always legally retroactive.

Although I don't know how you go about fixing it administratively.