Getting my CHL back after DWI Suspension

[Dwhale5150]

I don't want anyone you has had the lack of judgement to have committed a felony or receive a DUI to process a firearm. How am I assured they won't have another moment when the can't behave responsibly?

Ah yes. I see you are taking a page right out of the anti-gunner's playbook. "I don't think you should have a gun. How do I know you aren't just going to snap one day and go on a murderous rampage?"

I assume OP has paid his debt to society and not had any similar problems with the law in the last 5 years. Just because of the possibility that he might do something irresponsible, he shouldn't be allowed to get his CHL back?

Thank you for your words...well stated and much appreciated. I am no life long criminal. I am a 48 year old man who made a mistake and went to jail for the first and ONLY time in my life at age 43. It is what it is. I can't change it no matter how much I wish I could. Besides, you can only imagine the hell that my wife of 25 years gave me for this colossal mistake...it was like when you get in trouble at school but you still hafta face your dad when you get home. "Mr.Jailer Sir...Could I just, Um...could I just stay here Sir"? LMBO!!!!

Take Care and God Bless.

[treadlightly]

Dwhale, based on everything being as presented, you sound worthy of a second chance. For full disclosure, that was not my first perspective, but it sounds like you may have had a lapse in judgement. Barely over the limit, no problems with guns, a suspension by side effect. You were over the civilized line, but it doesn't sound like an aggravated case justifying a lifelong scarlet letter. Sin no more. None of us are perfect.

Don't let us down.

By contrast, one of our school board members was out enjoying back roads and a little too much white lightning one evening about 2 AM. A concerned motorist called 911 about his erratic driving. At the next town, a friendly local cop saw him cut and run with a clumsy u-turn, stopped him, determined he was plastered, and added a gun charge for the handgun bouncing around on the passenger's seat. Not concealed, not in a belt or shoulder holster, just rattling around loose in a pickup with an alleged drunk.

Local rumor maintains he was still turning the air blue when he got out of the lockup the next morning, which somehow reminds me of Milton on the beach in the final scenes in Office Space. With just one letter, he could shut that whole jail down, I'm sure.

The story is probably over as he's resigned from the school board and is moving on.

That is someone I'd like to see at some distance from the demography of lawful armed citizenry. He ain't fit, bless his heart.

[ScottDLS]

If he does and decides to do something stupid with a gun he will do it with or without a CHL, so why keep him from getting it.

Because if anybody (not necessarily the OP) does something stupid with a CHL, it figuratively and literally (in the DPS convictions data) reflects badly on the rest of us.

Which is why we shouldn’t need a license to carry. If someone does something stupid and speeds you want them to lose their license to carry? How about watering their lawn on the wrong day? If you can get your drivers license back after a DWI in less than 5 years, what the heck does a LTC matter. Since almost everything in a felony these days and you probably commit several per day without knowing it, I don’t think any misdemeanor should bar gun ownership, carry, or purchase.

This was a Class B Misdemeanor. Not a felony.
I did not lose the ability (RIGHT) to own or purchase...(I've bought 3 guns in the five years since my offense) Only lost my CHL for 5 years.
I have a LOT of buddies who are cops (City of Hou, Harris County Sherriff Dpty., Constables and DPS...) and even confirmed with several of them (mainly my DPS buddy) that I was still legally allowed to carry my firearm in my vehicle...Just couldn't carry on my person for 5 years. Paid the price for a big screw up. Now I just want to get back to life as I knew it before my mistake.

I don’t think a lousy Class B should cause anyone to lose their LTC for 5 days much less 5 yrs. Most states don’t either...

[Lynyrd]

Dwhale - Welcome to the forums. Ignore some of the crusty [language unsafe for forum use] users. We are not all a bad lot.

Just so you know, your final disposition is the information on the case, your charges/sentence, etc. When you reapply as part of the process you will have to answer if you have ever been arrested and give a record of the case. You should be able to get this from the courthouse you were arraigned in I believe, if I'm wrong someone can correct me.

We all know that the anti gun groups troll this forum. If they can pose a question and get responses that can be quoted out of context, or responses that are ill advised, they will use those. Heck my first month on this forum I was quoted in a liberal rag site and my words were taken completely out of context.

Be careful folks. Don't give them any dirt.

While I don't doubt this to be true, anything you say can and will be used out of context if it suits the needs of those of the liberal persuasion, all you can do is be honest. They will be dishonest no matter what you do. If you are that worried about it, don't post on a public forum. This isn't meant as an attack, just pointing out my thoughts on case.

Golden rule gentlemen, I believe we are most likely all God-fearing men so try to keep it mind. Let he who has not sinned cast the first stone.

I didn't say anything that wasn't complete truth. If the OP is genuine, I fell for him ans wish him well. I did not attack him, and at that time he still had only one post. I did not cast a stone, I simply pointed out the truth that we sometimes have trolls.

[C-dub]

OP has one and only one post. Is it just me or does there seem to be more one posters with questions like this lately?

Hard to be MORE than a "one poster" when you're new to a forum...and at the time have only ONE question for a group of folks that you ASSUME to be like-minded. Where else can a guy start but with ONE post?

Without knowing your schedule it is difficult, but it seemed as though a "one poster' might be all you turned out to be. However, it appears we may have similar schedules and that is why you hadn't responded to anything sooner.

Regardless, some of us are a little bit skeptical/wary when someone posts a question similar to yours and then disappears or lurks just to see the responses and then reposts some of them to anti-gun sites usually attempting to make us look like kooks.

Maybe I was wrong this time.

[RoyGBiv]

I think it's five years for a misdemeanor plus an extra two years if they revoked it.

I can't find the 2 year addition provision. Cite?

Acronym 11/15/2017 12:55 PM

Revocation... If your license is "Revoked" (instead of "turned in voluntarily pending outcome"), it adds 2 years onto the wait period..

GC 411.186 Revocation. (emphasis mine)

(c) A license holder whose license is revoked for a reason listed in Subsections (a)(1)(5) may reapply as a new applicant for the issuance of a license under this subchapter after the second anniversary of the date of the revocation if the cause for revocation does not exist on the date of the second anniversary. If the cause for revocation exists on the date of the second anniversary after the date of revocation, the license holder may not apply for a new license until the cause for revocation no longer exists and has not existed for a period of two years.

I am not a lawyer... this si my OPINION, not legal advice...

My understanding is that if you commit a disqualifying crime you can turn in your license before your conviction is entered and avoid having it "Revoked" at the end of the criminal process. However, if the state goes through the trouble of having to revoke your LTC, you need to wait "until the cause for revocation no longer exists and has not existed for a period of two years", which means you need to wait 5 years after the DUI conviction PLUS two years.

Stated differently.... if the State has to revoke your license, the revocation itself is a 2 year disqualifier and is served consecutively to any other disqualifier (in this case 5 years for DUI plus 2 years for revocation, if revocation was needed).

Maybe I have this wrong... but this is my recollection.

Good luck OP.... Sounds like you paid your dues and I hope you get your license back.

That's good information man. Thank you for the input.

You've just made me remember how it all went down now. This was my "first rodeo" when it came to legal problems so I was really flying by the seat of my pants when it came to figuring out what I had to do. When I went to court for my DWI, my CHL was never brought up and I remember thinking, "Well, since I didn't have a weapon in my possession, maybe I don't lose my CHL". Then my DPS buddy broke the news to me that "the judge doesn't take your CHL the state does". I sent it in as my buddy told me to do however, within a week or so, I received a letter from the state telling me to send them my license. SO...I'm guessing that means they REVOKED it before I sent it in to them. My license and their letter to me passed in the mail.

Again, thanks for the input even tho it may be bad news LOL...maybe I'm waiting another 2 years!!!

No harm in contacting DPS and asking them. Maybe you got lucky with the timing of things.

[allisji]

Also you'll be pleased to know that the first time you took the class it was likely an all-day type affair.

Now it will likely only set you back about a half a day.

[LeonCarr]

OP I would get some legal advice from somebody licensed to practice law in The State Of Texas. Every situation is different.

Just my .02,
LeonCarr

[TomV]

Best wishes on a good deer season this year. I already have one doe down this year and I'll be back out this weekend for what I call my tree stand therapy.

[Pariah3j]

Dwhale - Welcome to the forums. Ignore some of the crusty [language unsafe for forum use] users. We are not all a bad lot.

Just so you know, your final disposition is the information on the case, your charges/sentence, etc. When you reapply as part of the process you will have to answer if you have ever been arrested and give a record of the case. You should be able to get this from the courthouse you were arraigned in I believe, if I'm wrong someone can correct me.

We all know that the anti gun groups troll this forum. If they can pose a question and get responses that can be quoted out of context, or responses that are ill advised, they will use those. Heck my first month on this forum I was quoted in a liberal rag site and my words were taken completely out of context.

Be careful folks. Don't give them any dirt.

While I don't doubt this to be true, anything you say can and will be used out of context if it suits the needs of those of the liberal persuasion, all you can do is be honest. They will be dishonest no matter what you do. If you are that worried about it, don't post on a public forum. This isn't meant as an attack, just pointing out my thoughts on case.

Golden rule gentlemen, I believe we are most likely all God-fearing men so try to keep it mind. Let he who has not sinned cast the first stone.

I didn't say anything that wasn't complete truth. If the OP is genuine, I fell for him ans wish him well. I did not attack him, and at that time he still had only one post. I did not cast a stone, I simply pointed out the truth that we sometimes have trolls.

Lynyrd - sorry if it came across that I was calling you out with the golden rule comment - that was more directed at some of the comments that were nasty/judgemental in nature.

Your comments weren't an attack, just a warning and I understood that. I was merely pointing out that those who would lie or take your words out of context will do that no matter what.

[Lynyrd]

Lynyrd - sorry if it came across that I was calling you out with the golden rule comment - that was more directed at some of the comments that were nasty/judgemental in nature.

Your comments weren't an attack, just a warning and I understood that. I was merely pointing out that those who would lie or take your words out of context will do that no matter what.

Thanks for clearing that up. The context of you quoting me made your comments seem like something they were not. And yes, you are correct that people who will lie or twist your words will do that no matter how you try to avoid it.

[Liberty]

We were all first-time posters. All good people have done things in the past that they regret.

[Dwhale5150]

Dwhale, based on everything being as presented, you sound worthy of a second chance. For full disclosure, that was not my first perspective, but it sounds like you may have had a lapse in judgement. Barely over the limit, no problems with guns, a suspension by side effect. You were over the civilized line, but it doesn't sound like an aggravated case justifying a lifelong scarlet letter. Sin no more. None of us are perfect.

Don't let us down.

By contrast, one of our school board members was out enjoying back roads and a little too much white lightning one evening about 2 AM. A concerned motorist called 911 about his erratic driving. At the next town, a friendly local cop saw him cut and run with a clumsy u-turn, stopped him, determined he was plastered, and added a gun charge for the handgun bouncing around on the passenger's seat. Not concealed, not in a belt or shoulder holster, just rattling around loose in a pickup with an alleged drunk.

Local rumor maintains he was still turning the air blue when he got out of the lockup the next morning, which somehow reminds me of Milton on the beach in the final scenes in Office Space. With just one letter, he could shut that whole jail down, I'm sure.

The story is probably over as he's resigned from the school board and is moving on.

That is someone I'd like to see at some distance from the demography of lawful armed citizenry. He ain't fit, bless his heart.

Good Morning...and thank you for your response. The part of your post that struck me was the "Don't Let Us Down" comment.

It was a legitimate mistake to leave the lease that night. But looking back, it's easy to see how I unknowingly set myself up for the whole thing. Total lack of planning...I should've been thinking about the fact that I was going to need to go to town for food. But it never crossed my mind. I just came back up to the cabin covered in sweat and grabbed a cold beer. I don't even drink alcohol on a regular basis much less do I normally drink alone, it just seemed like the thing to do. Hot and sweaty, at the deer lease, cold beer in the fridge...Then of course a few more cold ones while working around the cabin...then I got hungry.

I was pulled over, arrested, went to jail for the night, lost my driver's license for 30 days, & lost my CHL. But the VERY worst part of it all was that I had my wife of 25 years, 2 sons (10 & 12 years old at the time )...parents and friends disappointed in me...because I drove under the influence. If you've never experienced it yourself, Imagine being a 43 year old family man, forced to call your father to ask him to drive 4 hours on a Friday night to bail you out of jail...definitely NOT a proud moment for my Pops!! My wife said that my youngest son, not understanding the difference between going to prison and going to jail, cried, saying he didn't know if he'd ever get to see his daddy again. (poor kiddo, that broke my heart)

Not saying any of that in an attempt to get any sympathy from you guys. Just trying to explain my current mind-set on the situation I put myself in. I will NEVER be in a position like that again. Ever. Never again will I get behind the wheel after drinking. But NOT because I lost my stinkin' CHL for 5 years.

Take Care, Shoot Str8 and God Bless.

[Dwhale5150]

We were all first-time posters. All good people have done things in the past that they regret.

Correct. And thank you for saying so.

[Dwhale5150]

Best wishes on a good deer season this year. I already have one doe down this year and I'll be back out this weekend for what I call my tree stand therapy.

Right back at you TomV...Heading to the woods this weekend and again Thanksgiving weekend. Cousin was there last weekend and took a 10pt and wife took an 8pt. reported seeing 2 - 12's and another 10pt. Taking my boys up there to try our luck.

"Tree Stand Therapy" - I like that. Hope you don't mind if I borrow it. (I'll give you credit for it when used tho)

Take Care - Doug.