Search found 5 matches

by Keith B
Wed May 10, 2017 4:45 pm
Forum: General Texas CHL Discussion
Topic: Eligibility for CHL
Replies: 20
Views: 7867

Re: Eligibility for CHL

bblhd672 wrote:
hl26 wrote:So what's the verdict guys? 10 years from first offense, or 5 years from dwi? Really want to get this settled so I don't have to wonder.
If you're not sure then you may want to wait and see if the LTC fee reduction becomes effective. Will only cost you $40 to find out who's right.
Plus the cost of the class. If rejected, then the CHL-100 will not be good for the future application in 3 years.
by Keith B
Wed May 10, 2017 2:53 pm
Forum: General Texas CHL Discussion
Topic: Eligibility for CHL
Replies: 20
Views: 7867

Re: Eligibility for CHL

5 years from the DWI.
by Keith B
Sat Mar 11, 2017 11:51 am
Forum: General Texas CHL Discussion
Topic: Eligibility for CHL
Replies: 20
Views: 7867

Re: Eligibility for CHL

ScottDLS wrote:
infoman wrote:Trust me I know the statues inside & out. I'm just saying what they do & don't deny for. & if you called them & asked specifically the example I gave. (The 2 Poss of Marijuana charges in 2009 & 2010). Both over 5 years, yet both within 10 years. Both Class B misdemeanors. DPS would not deny that person under "chemically dependent". & of course for this example I mean convictions/deferred adjudications. Disposition dates 2009 & 2010. Call & ask them as an eligibility question. I'll eat crow if I'm wrong.
I think you're right....where the statute says USE OF alchohol or controlled substance is an element of the offense. DWI....use of the substance is an element of the offense. POSESSION of MJ does not involve the USE of a controlled substance. That's why I think DPS is interpreting this way. I could be dealing tons of marijuana and never USE it...so I woudn't be chemically dependent...although I'd get a felony for the 2000 lbs. :biggrinjester:
You may have a point. Possession does not necessarily constitute use. However, we all know that it probably means they are using the drug. However, if they are charged with being under the influence, then that would still be DWI or public intoxication (rare), even if not alcohol related.
by Keith B
Wed Mar 08, 2017 11:18 pm
Forum: General Texas CHL Discussion
Topic: Eligibility for CHL
Replies: 20
Views: 7867

Re: Eligibility for CHL

infoman wrote:That's only for 2 DWI's. It's not enforced if you have 1 DWI & 1 Poss of Marijuana charge. 100% promise. Btw, I'm regerring to the 10 year "chemically dependent" rule. Your DWI from 2015 makes you ineligible until 2020. (5 year window).
You better read the statute I posted. If DPS is not following this, then they are breaking the law by issuing the license.
an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section
by Keith B
Wed Mar 08, 2017 10:35 pm
Forum: General Texas CHL Discussion
Topic: Eligibility for CHL
Replies: 20
Views: 7867

Re: Eligibility for CHL

apostate wrote:What about 411.172(c)?
This is correct. Two convictions within the 10 year period will disqualify you for a LTC. You will have to wait until 10 years from the 1st conviction to be eligible, so 2023.
(c) An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter.  This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person. - See more at: http://codes.findlaw.com/tx/government- ... Lihgs.dpuf

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