LTC class tonight - Application question - Background

[chrismandude]

Hi there,

Taking LTC class tonight and then getting into the application process. In the past I have had 2 DWI convictions (probation both times), 1999 and 2006, also had 3 public intoxication arrests, two were dismissed and one I paid the fine for. Needless to say I cleaned up my act and have nothing on my record since 2010.

My question is, since it was all so long ago will I have to provide documentation on all of this and will it affect the decision to issue my license?

[Keith B]

Welcome to the forum.

The issue for DWI's and PI's is you may be considered a chemically dependant person. That is shown here:

GC §411.171. DEFINITIONS.
In this subchapter:
.........
(2) “Chemically dependent person” means a person who frequently or
repeatedly becomes intoxicated by excessive indulgence in alcohol or uses
controlled substances or dangerous drugs so as to acquire a fixed habit and an
involuntary tendency to become intoxicated or use those substances as often
as the opportunity is presented]

GC §411.172. ELIGIBILITY.
(a) A person is eligible for a license to carry a handgun if the person:
........
(6) is not a chemically dependent person;

(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

So, the DWI's are more than 10 years ago, so that is no issue. The PI was apparently 2010, so 8 years ago, and was probably a Class C, not B, and the other intoxication charge is not within the 10 years prior, so you should be OK.

[Allons]

Make sure you turn in all paperwork related to those cases with application so your license will not be delayed.

[infoman]

Based on what you said- you’re good to go.

[chrismandude]

Welcome to the forum.

The issue for DWI's and PI's is you may be considered a chemically dependant person. That is shown here:

GC §411.171. DEFINITIONS.
In this subchapter:
.........
(2) “Chemically dependent person” means a person who frequently or
repeatedly becomes intoxicated by excessive indulgence in alcohol or uses
controlled substances or dangerous drugs so as to acquire a fixed habit and an
involuntary tendency to become intoxicated or use those substances as often
as the opportunity is presented]

GC §411.172. ELIGIBILITY.
(a) A person is eligible for a license to carry a handgun if the person:
........
(6) is not a chemically dependent person;

(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

So, the DWI's are more than 10 years ago, so that is no issue. The PI was apparently 2010, so 8 years ago, and was probably a Class C, not B, and the other intoxication charge is not within the 10 years prior, so you should be OK.

Thank you and everyone else so much for the information, the PI that I had in 2010 was dismissed. So when I hear the phrase "you're good to go" does that mean I can go ahead and apply without submitting paperwork? They didn't really cover this topic too much in class tonight and I'm not in any big hurry to get the actual license since the LTC100 is good for 2 years.

Again, thank you sooo much for the information.

C

[Allons]

You still need to submit paperwork even if the case was dismissed.

[chrismandude]

You still need to submit paperwork even if the case was dismissed.

Submit paperwork even if everything is clear? Exactly how far back do they go during the criminal background check?

[cmgee67]

Your dealing with government. They are going to either be so thorough it’s crazy or barely skim over. My thought is they probably take it pretty seriously and will look as far back as they need to. You should be good to go to apply but as others have said make sure to submit the following paperwork for everything just to be safe. DPS will most likely go a lot faster if they can look at it all at one time. Good luck with it all and stay safe.

[txpilot]

They didn't really cover this topic too much in class tonight and I'm not in any big hurry to get the actual license since the LTC100 is good for 2 years.
C

I'm not an instructor, but I've heard that a recent change makes the LTC-100 only good for one year now. Perhaps KeithB can clarify for you.

Good luck.

[Mike S]

You still need to submit paperwork even if the case was dismissed.

Submit paperwork even if everything is clear? Exactly how far back do they go during the criminal background check?

There's no time limit on 'how far back' they look; they look at your entire criminal history (in Texas, or anywhere else).

The disqualification for certain offenses is what has a time limit; 5 years for Class A & B Misdemeanors, and 10 years for certain Felonies. Other Felony convictions are permanent. Other things like mental health or substance abuse are spelled out pretty clearly in the law (if you are bipolar, schizophrenic, delusional, in-patient substance abuse treatment, etc), you will be asked to provide a letter from a physician that you are no longer suffering from the disqualifying condition, that it is unlikely to recur, and that you can exercise sound judgment in firearms handling/use.

Regarding submitting the court documents to show the final disposition for any previous offenses, if you don't submit it upfront (for example, when you upload your LTC-100), you will be asked to provide it when they get to your application. Your LTC-100 is valid for 2-years, so you have time to gather these documents before hand. However, if you wait for the DPS' letter to come in the mail requesting documentation, your application will be terminated if they don't receive the required items within 90-days of the date on the letter. Also, understand that lying on the application is also grounds for them to outright deny your application, so I'd encourage you to put your complete history on the application. Infoman tends to have the most current insight on the DPS' practices/procedures, so based on Infoman's comment above you can rest easy (provided there's not more to the story).

ETA: Here's a copy/paste from the DPS' FAQ page regarding past offenses: (found at this link https://www.dps.texas.gov/RSD/LTC/faqs/index.htm)

24. Am I required to list all arrests on my application, even if the cases were dismissed or if I was found not guilty?


Yes. Applicants are required to report all arrests in order to ensure the background checks can be conducted timely. The application should include the year, the offense, the location and the final disposition. Copies of the dispositions will assist in the timely processing of your application. Applicants should also include information on cases that resulted in probation or deferred adjudication. Failure to provide any requested documentation could result in the termination of an application as incomplete.

[Mike S]

They didn't really cover this topic too much in class tonight and I'm not in any big hurry to get the actual license since the LTC100 is good for 2 years.
C

I'm not an instructor, but I've heard that a recent change makes the LTC-100 only good for one year now. Perhaps KeithB can clarify for you.

Good luck.

This is a somewhat common misunderstanding:

The LTC-100 is NO LONGER good for 2 years. (My original reply stated it was still good for 2 years).

EDIT: As of Jan 2018, the LTC-100 is only valid for 1 year.

http://texreg.sos.state.tx.us/public/re ... ch=6&rl=14

The 'application' (when you apply on-line with the DPS) is only open for 1 year. If the DPS does not receive all of the required documentation to 'complete' the application (fingerprinting & LTC-100) within that year, they will close out the application. If this occurs, the LTC-100 is still valid (for the 2 years from date of instruction), but the applicant will have to re-apply on-line, re-do the fingerprinting, and submit the LTC-100.

If you have an open application and the DPS requires additional documentation (ie, court documents, or for the Med Review Board), the letter you receive from the DPS will also state that if they don't receive a response from you within 90 days that your application will be closed.

[Keith B]

They didn't really cover this topic too much in class tonight and I'm not in any big hurry to get the actual license since the LTC100 is good for 2 years.
C

I'm not an instructor, but I've heard that a recent change makes the LTC-100 only good for one year now. Perhaps KeithB can clarify for you.

Good luck.

LTC-100 is good for 2 years, application is only good for 1.

[chrismandude]

Welcome to the forum.

The issue for DWI's and PI's is you may be considered a chemically dependant person. That is shown here:

GC §411.171. DEFINITIONS.
In this subchapter:
.........
(2) “Chemically dependent person” means a person who frequently or
repeatedly becomes intoxicated by excessive indulgence in alcohol or uses
controlled substances or dangerous drugs so as to acquire a fixed habit and an
involuntary tendency to become intoxicated or use those substances as often
as the opportunity is presented]

GC §411.172. ELIGIBILITY.
(a) A person is eligible for a license to carry a handgun if the person:
........
(6) is not a chemically dependent person;

(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

So, the DWI's are more than 10 years ago, so that is no issue. The PI was apparently 2010, so 8 years ago, and was probably a Class C, not B, and the other intoxication charge is not within the 10 years prior, so you should be OK.

I was able to find my records for the two DWI's no problem. I can't seem to find any record of my 3 class C public intoxication arrests which are all in Dallas County. One was in Mesquite and the other two were in Dallas....I was only able to search for Class B and abve on the dps website.

thoughts?

[Allons]

Welcome to the forum.

The issue for DWI's and PI's is you may be considered a chemically dependant person. That is shown here:

GC §411.171. DEFINITIONS.
In this subchapter:
.........
(2) “Chemically dependent person” means a person who frequently or
repeatedly becomes intoxicated by excessive indulgence in alcohol or uses
controlled substances or dangerous drugs so as to acquire a fixed habit and an
involuntary tendency to become intoxicated or use those substances as often
as the opportunity is presented]

GC §411.172. ELIGIBILITY.
(a) A person is eligible for a license to carry a handgun if the person:
........
(6) is not a chemically dependent person;

(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

So, the DWI's are more than 10 years ago, so that is no issue. The PI was apparently 2010, so 8 years ago, and was probably a Class C, not B, and the other intoxication charge is not within the 10 years prior, so you should be OK.

I was able to find my records for the two DWI's no problem. I can't seem to find any record of my 3 class C public intoxication arrests which are all in Dallas County. One was in Mesquite and the other two were in Dallas....I was only able to search for Class B and abve on the dps website.

thoughts?

Go to county clerks office for those counties and get the records, in San Antonio its like 2 dollars per record. You won't be able to see them sometimes online if you are looking on there website. If they tell you their is no record than get a notarized copy of no record found. This will ensure you don't receive a letter from them 45 days into your wait saying they need more information.

[chrismandude]

Thanks sooo much! I am really thankful for this forum and everyone who has helped me fully understand how I need to go about this.

I was able to easily find my records for the 2 DWI's and then was able to find a way to get my misdemeanor (Dallas County) records online, could take 7-10 days and some fees but that's no problem. I guess my only concern left is whether they will grant me a license after seeing what a rowdy, irresponsible idiot I was between 1999-2010. Not in a hurry.....if waiting until the end of this year helps it would be no problem.

Sincere thanks!

CMD