Residency requirement - 411.172 or 411.173?

[bblhd672]

I recently relocated to Texas from Illinois (mid-April) and obtained a Texas drivers license (early May).

Which applies to my situation .172 six month residency or .173 no residency wait?

I've read various sites and asked one LTC instructor who said I do not have to wait six months to apply. I've submitted the question to DPS but having gotten a response.

Otherwise eligible for LTC and have already made one handgun purchase. I just want to be sure before spending $140 and being told I have to wait five more months (and pay $140 again!).

Thanks for your assistance.

[JALLEN]

I haven't really read those statutes, but it seems to me I went through this when I moved back to Texas in 2013.

I tried to jump start the process by filIng for my CHL before I moved, but did not get back here to take the then 8 hour course. When I made the move, I took the course, finished the process using my new DL and address and just confused the whole mess.

When my status didn't change, I went online, made some phone calls, finally got it all straightened out. I bet you could search here and find my threads in summer 2013. It didn't take 6 months, though, nowhere near.

[jimd1981]

First of all: Welcome to Texas!

JALLEN brings up a good point. If you change your DL or address during this process, it's a real pain.
Fortunately, having your Texas DL helps make this easier...

Since you haven't resided in Texas for at least 6 months, you fall under the GC §411.173 "Not quite a Texan, yet!", or Non-Resident category.
If you wait to apply until after 6 months, you will fall into the GC §411.172 "Whoop! I'm a Texan now for 6 months!", or Resident category.

Either way, you can take your LTC class today, and then either wait until November to apply or not.
Assuming you meet all the other requirements, you can apply immediately OR in November! The choice is yours!

Note that your application WILL ask your previous residence(s) for the past 5 years, and since you were out-of-state during that time you might have to pay some additional fee for running a background check in Illinois. In fact, GC §411.173 code specifically mentions "...payment of a fee in an amount sufficient to recover the average cost to the department of obtaining a criminal history record check and investigation on a nonresident applicant." Also, note that this fee is not specifically mentioned in GC §411.172. So, might be cheaper to wait, might not.

Anyway, Good Luck, and welcome to Texas!

[Pawpaw]

Thanks to 411.173, the six month residency requirement is effectively null and void.

There are no extra fees.

Git 'er done & welcome aboard!

[Crossfire]

411.173(a) says you are eligible for the license as soon as you move to Texas with intent to establish residency.

If you have established a residence, and received your Texas DL, then there is no six month residency requirement

[RoyGBiv]

No waiting period any more... Take your class, apply.

Welcome to what's left of America!

Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);

Sec. 411.173. NONRESIDENT LICENSE.
(a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state.

[JALLEN]

That was one of the happy surprises of my return to Texas.

DPS was confused by my app from CA which I couldn't complete before I moved and didn't catch that I was the same guy now living in Texas. I figured my fee was goners. They got it all straightened out and I was credited with the fee. Happy, happy, and surprising!

That's not what we were used to in CA. They need the money, and they want it!

[bblhd672]

Thanks everyone!

[infoman]

There is no residency requirement. You can live out of state & never live in Texas. (So long as you take the initial class here). You could live as far as Alaska or Hawaii & renew 10 times in a row if you wanted to.

[RoyGBiv]

79 posts since midnight. Wow.
That's a lot to clean up. Thanks mods!