Author Topic: First purchase in Texas and I get delayed  (Read 3953 times)

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Offline JeepFiend

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Re: First purchase in Texas and I get delayed
« Reply #20 on: April 20, 2017, 06:30:45 PM »
Let me just note that I'm more irritated with Academy than NICS in this matter.  According to the Brady Act:

"The Brady Act incorporates the definition of an "identification document" provided by 18 U.S.C.
1028(d)(2), which is set forth in relevant part as follows:
[A] document made or issued by or under the authority of the United States
Government, a State, political subdivision of a State, a foreign government,
political subdivision of a foreign government, an international governmental or
an international
quasi-governmental organization which, when completed with information
concerning
a particular individual, is of a type intended or commonly accepted for the
purpose of identification of individuals.
ATF regulations further require that the identification document must contain the name,
residence address, date of birth, and photograph of the holder....

...Thus, for example, a licensee may accept a valid driver's license that accurately reflects the
purchaser's name, date of birth, and photograph, along with a vehicle registration issued by the
State indicating the transferee's current address.
27 CFR 178.11."

I get that they didn't want to take an out of state ID, but as I mentioned, I also brought a U.S. Passport Card, which is federal ID.  I offered it to the guy at Academy when they wouldn't take my CA DL, but he said it wasn't necessary.  In CA I always had to have my DL for identity and registration for proof of address (CA doesn't require a reprint of a DL upon change of address, just an update to their database).  I've never been so much as delayed before, much less denied (aside from the fact that CA has a 10 day wait anyway).  So if this comes down to Academy personnel making errors in the face of me trying to provide current and acceptable documentation, I'm gonna be pretty chapped.  We'll see when I get the reason for the denial from the appeal.


Offline TXAZ

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Re: First purchase in Texas and I get delayed
« Reply #21 on: April 20, 2017, 08:17:00 PM »
One of the problems of trying to take a Passport, and in this case match the address on it, is that Passports have a place for the holder to write the address "in pencil". 
Everything may add up legally, but there are so many what-if's that alot of retailers don't want to get into gray areas.

Offline JeepFiend

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Re: First purchase in Texas and I get delayed
« Reply #22 on: April 20, 2017, 08:59:33 PM »
Not on a passport card.  It's just like any other id...plastic with holograms, so you're not scratching anything in with pen or pencil.   Plus, there is no address anywhere, just Surname, Given Name, Sex, DOB, POB, Passport #, Issue Date, Expire Date, and a photo.  So that and a local state registration should, by all rights, be legal anywhere in the U.S.  The Reg alone has no photo or DOB, so that violates the Brady Act.

Now, whether or not this stuff just gets put on the 4473 or goes to the NICS I don't really know.  I do know after looking up a DUI I had in Miami many years ago, that there is a guy with the same name, different race, different age, with multiple felonies, so could be mistaken identity.  It's never been an issue before, but CA is a also a POC, so the NICS doesn't make the final call.  I wouldn't suspect that to be the issue, but I trust the government about as far as I can throw them, so there's that.


Offline Tarosean

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Re: First purchase in Texas and I get delayed
« Reply #23 on: April 20, 2017, 09:50:40 PM »
Quote
So ... we should accept vehicle registration as identification for long gun purchases? 

The man/woman stated they used their CA drivers liscense + registration.

No I would not personally sell them a gun. But laws governing us, as individuals, are differing from FFL's

Offline JohnnyDollar

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Re: First purchase in Texas and I get delayed
« Reply #24 on: April 21, 2017, 05:47:03 AM »
Quote
So ... we should accept vehicle registration as identification for long gun purchases? 

The man/woman stated they used their CA drivers liscense + registration.

No I would not personally sell them a gun. But laws governing us, as individuals, are differing from FFL's
Academy refused the CA Drivers License - that falls on them.
The application was probably denied correctly since Academy did not submit all the required items.
But I imagine most of us have had experiences of dealing with the people working at Academy. :)

OTOH, the OP has less than 30 days remaining to change to a Texas DL to be in compliance with the law.
Application for Texas DL needs to be completed within 90 days and all of this would probably have been avoided.
In Texas, "He needed killin' " is a defense to prosecution.

Offline Alte Schule

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Re: First purchase in Texas and I get delayed
« Reply #25 on: April 21, 2017, 07:52:01 AM »
A few years ago I bought a .17 HMR BA rifle at Academy as an X-mas present for a family member. Store policy (I guess) required the employee to carry the firearm out of the store TO MY CAR. Felt like an idiot walking with him. Every one staring at me like I was caught thieving or something. 
This gun is liberty; hold for certain that the day when you no more have it, you will be returned to slavery.
Toussaint Louverture

Offline JeepFiend

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Re: First purchase in Texas and I get delayed
« Reply #26 on: April 21, 2017, 08:09:43 AM »

OTOH, the OP has less than 30 days remaining to change to a Texas DL to be in compliance with the law.
Application for Texas DL needs to be completed within 90 days and all of this would probably have been avoided.

yep, taking the day off on Monday to wrap up the last few things like TxDL, Dog licenses, etc.

Have to say, so far that's the only thing I like about CA better, DMV does registration and license, and they're open on rotating Saturdays.

Offline Tarosean

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Re: First purchase in Texas and I get delayed
« Reply #27 on: April 21, 2017, 08:27:02 AM »
Quote
Have to say, so far that's the only thing I like about CA better, DMV does registration and license,

The bright side is you won't have to go to the DMV again for 12yrs. So it won't be that bad.

Offline JohnnyDollar

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Re: First purchase in Texas and I get delayed
« Reply #28 on: April 21, 2017, 09:00:46 AM »
Quote
Have to say, so far that's the only thing I like about CA better, DMV does registration and license,

The bright side is you won't have to go to the DMV again for 12yrs. So it won't be that bad.
I thought by state law,
people coming from California were required to go annually for the first 5yrs so we can see what they are up to....
In Texas, "He needed killin' " is a defense to prosecution.

Offline JeepFiend

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Re: First purchase in Texas and I get delayed
« Reply #29 on: May 26, 2017, 08:40:24 PM »
Wow!  So I think I'm done with Academy.

After the denial I file for an appeal online and NICS sends me a generic letter saying the reason for my denial is <DQ Code>.  I responded back and asked what code, and they said I was identified as committing a crime punishable by imprisonment for more than a year, but if I believe it's in error I can submit prints, and they'll tell me what specific criminal history is prohibiting me.  So I submit prints and an FBI Identity History Summary via certified mail.  I don't hear anything.  I submit prints, a California criminal history summary showing no felonies, a California Personal Firearm Eligibility Check affirming the right to purchase and possess firearms, and a FBI CJIS Identity History Summary showing no felonies, via email, and still don't hear anything.  I sent multiple emails and letters, all including the same documentation...nothing.  So I send another set of rolled fingerprints with a VAF application.  I get a letter saying they received my prints and VAF application but they only work on cases on a first come, first served basis, and they're still working on cases from August 2015.   At this point, I'm beyond pissed. So I write Senators Cruz and Cornyn.  Senator Cornyn's office writes back saying they spoke to a federal official (as of yet, still no word from Cruz).  A month later, after mulitple emails, several more letters, and finally, voila!  I have a successful appeal and a UPIN (still never told why I was supposedly denied initially).  Finally, all is right with the world, right?

My appeal says that I have to go back to Academy (the FFL my initial purchase/denial was from), they'll have to run another check, but they need to call a number, press 1, tell the person they need to process an appeal check, yadda, yadda, yadda.  So I go back to academy.  I hand them the appeal certificate, tell them they need to call, they tell me it doesn't matter as long as I have a UPIN, I tell them I'd much prefer if they just called and followed the instructions for the FFL on the appeal certificate, they refuse to listen and run the NICS check again using my UPIN, and...(drumroll)... I'm delayed again!

Why can't people follow instructions?  I thought California had a monopoly on morons.  :bangheadonwall:

Edited for details
« Last Edit: May 27, 2017, 01:10:16 AM by JeepFiend »

Offline JohnnyDollar

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Re: First purchase in Texas and I get delayed
« Reply #30 on: May 27, 2017, 05:44:14 AM »
Why can't people follow instructions?  I thought California had a monopoly on morons.  :bangheadonwall:
You are a victim of incorrect thinking.....


OTOH,
if you would get your Texas LTC, you could avoid all of this.  :icon_wink:

In Texas, "He needed killin' " is a defense to prosecution.

Offline JeepFiend

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Re: First purchase in Texas and I get delayed
« Reply #31 on: May 27, 2017, 06:21:14 AM »
6 months residency is a requirement.

Application will go in on 8/20.

Offline JohnnyDollar

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Re: First purchase in Texas and I get delayed
« Reply #32 on: May 27, 2017, 06:37:36 AM »
6 months residency is a requirement.

Application will go in on 8/20.
Not according to this.....

    11. Do I have to be a resident of Texas to obtain a Texas License to Carry a Handgun (LTC)?

No. Per Texas Government Code 411.173, legal residents of another state or persons who relocate to Texas with the intent to establish residency may obtain an LTC. Those individuals must submit an application, pay the required fees, successfully complete the required training in Texas and submit all supporting documents. They also must submit form CHL-6, two passport style photos and a copy of their out of state driver license or state issued identification card. Note, however, that all LTC applicants must be legal residents of Texas or another state.


https://www.dps.texas.gov/RSD/CHL/faqs/
In Texas, "He needed killin' " is a defense to prosecution.

Offline JeepFiend

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Re: First purchase in Texas and I get delayed
« Reply #33 on: May 27, 2017, 06:42:57 AM »
oh, thanks.

I'd read this:

"A person is eligible for a license to carry a concealed handgun if the person:
is a legal resident of this state for the six month period preceding the date of application,
is at least 21 years of age (military 18 - 21 years of age now eligible - 2005 Texas CHL Law change),
has not been convicted of a felony,
More items...
Texas Concealed Handgun License Eligibility
www.texaschl.us/eligibility.htm [nofollow]"

Guess my google search was outdated and/or I made the mistake of thinking a CHL and LTC were one in the same.

Offline JohnnyDollar

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Re: First purchase in Texas and I get delayed
« Reply #34 on: May 27, 2017, 07:19:19 AM »
They did change from CHL to LTC,
but the info I provided is from the actual TXDPS website.

It dawned on me that when my wife and I took the LTC class,
there was a couple from out of state that were in our class.
In Texas, "He needed killin' " is a defense to prosecution.

Offline JeepFiend

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Re: First purchase in Texas and I get delayed
« Reply #35 on: May 30, 2017, 08:43:33 PM »
Well, proceed finally came through on Monday.  2nd go around I elected to go with a Mossberg Maverick 88 instead.  Figured it make for a good 1st shotgun.

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Offline 308nato

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Re: First purchase in Texas and I get delayed
« Reply #36 on: May 30, 2017, 08:46:40 PM »
Very nice. :th_thicon_idea:
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Offline satx78247

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Re: First purchase in Texas and I get delayed
« Reply #37 on: May 30, 2017, 09:49:07 PM »
JeepFiend,

While I much prefer an Ithaca Model 37 to the Mossberg, there is NO question that the Mossberg is TOUGH & LONG-LASTING, even after getting bounced about in a prowl car for years.
(That's why the AF buy Mossberg.)

yours, satx
« Last Edit: June 01, 2017, 08:17:19 AM by satx78247 »
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Offline Jeb_66

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Re: First purchase in Texas and I get delayed
« Reply #38 on: May 31, 2017, 08:04:04 AM »
The Maverick 88 is a solid choice.  I have one and like it very much. 
Jeb
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Offline Darkpriest667

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Re: First purchase in Texas and I get delayed
« Reply #39 on: June 01, 2017, 04:49:36 AM »
Well, proceed finally came through on Monday.  2nd go around I elected to go with a Mossberg Maverick 88 instead.  Figured it make for a good 1st shotgun.




that's the model I own, I really like it.
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