Getting my CHL back after DWI Suspension

[Dwhale5150]

Troll?

There's been a lot of questionable first posts lately.

I'm still trying to figure out what is "questionable" about a guy going straight to the source (a website called TexasCHLforum.com) to ask a question about his CHL. Give me a break dude. Paranoid much?

[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.

[WTR]

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?

You are no more guaranteed that, than I am guaranteed you'll never screw up. Or anyone else here.

Funny post on this topic- was it voice text or alcohol?

WTR...You Sir...ARE A FRIGGIN' JOKE. Take Care and...don't make a mistake sir, you might not get a second chance!!!

Flechero - Thank you for your support. I made a mistake in judgement. I am not a habitual criminal. 43 years and NEVER a run in with the law.

Let's see. In only one instance that you admit to you drank and drove drunk( we all do it) and you sped while you had been drinking( I know,I know you were trapped,). Then to top it off, you are so mature you resort to name calling.

[Pariah3j]

Troll?

There's been a lot of questionable first posts lately.

I'm still trying to figure out what is "questionable" about a guy going straight to the source (a website called TexasCHLforum.com) to ask a question about his CHL. Give me a break dude. Paranoid much?

Dwhale - don't take it personally, there have been several 1 post and done type users who ask some really strange or questionable things. I believe most users on the forum take pride in our little slice of the internet and while you engaged and responded, often times the first time posters do not.

[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?

I am not one to judge, and in my opinion, one DWI arrest, should not be a disqualifyer for a new CHL. The OP has evidently not committed the same offense for the past 5 years, and has paid his debt to society. He will continue to pay in higher insurance premiums, and a lower number of employment opportunities. I have no qualms with him getting a new CHL, and he simply asked about the process for doing so.

Thank you for your support.

Truth is, as you said, I have paid my debt to society, I did see a slight increase in my insurance premium but honestly, no where near as much as I thought it would be. However, I have not seen a lower number of employment opportunities...but I guess in some professions I can see where a guy could have a problem finding work. This was my first and only brush with the law in 48 years. Definitely not the type to re-offend the law. It was a colossal f@#K up...but it's finally coming to an end and I can get back to being "allowed" to legally protect myself and my family when I am away from my home or my vehicle (where there is ALWAYS a weapon...LOL) Take Care and God Bless.

[Dwhale5150]

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.

[Dwhale5150]

Troll?

There's been a lot of questionable first posts lately.

I'm still trying to figure out what is "questionable" about a guy going straight to the source (a website called TexasCHLforum.com) to ask a question about his CHL. Give me a break dude. Paranoid much?

Dwhale - don't take it personally, there have been several 1 post and done type users who ask some really strange or questionable things. I believe most users on the forum take pride in our little slice of the internet and while you engaged and responded, often times the first time posters do not.

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?

I am not one to judge, and in my opinion, one DWI arrest, should not be a disqualifyer for a new CHL. The OP has evidently not committed the same offense for the past 5 years, and has paid his debt to society. He will continue to pay in higher insurance premiums, and a lower number of employment opportunities. I have no qualms with him getting a new CHL, and he simply asked about the process for doing so.

Thank you for your support.

Truth is, as you said, I have paid my debt to society, I did see a slight increase in my insurance premium but honestly, no where near as much as I thought it would be. However, I have not seen a lower number of employment opportunities...but I guess in some professions I can see where a guy could have a problem finding work. This was my first and only brush with the law in 48 years. Definitely not the type to re-offend the law. It was a colossal f@#K up...but it's finally coming to an end and I can get back to being "allowed" to legally protect myself and my family when I am away from my home or my vehicle (where there is ALWAYS a weapon...LOL) Take Care and God Bless.





Pariah3j - understood. But some people's paranoia is laughable.
Take Care. And God Bless.

[Pawpaw]

You're going to have to completely start over. As an added attraction, you need to submit the final disposition for your offense.

The good news is that the price has gone down to $40.

Thank you for your response. I really can't believe some of the crap these guys have said.

So, do you know, is the "final disposition" something I have to get from the county courthouse? I don't even know what that is. (Guess that makes me stupid to some of these guys also...hahaha)

You would probably be amazed by some of the first-post questions we see. Some are so off the wall, they can only be some anti-gunner trying to see if they can trap "the gun nuts" into promoting something illegal. Your first post had just enough of that to not pass some members' "smell test". I just gave you the benefit of the doubt.

The "final disposition" would be the paperwork they might have given you showing you were deemed guilty. If they didn't give that to you then yes, you need to get a copy from the county courthouse where the event happened.

Good luck to you.

[Dwhale5150]

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?

[Dwhale5150]

You're going to have to completely start over. As an added attraction, you need to submit the final disposition for your offense.

The good news is that the price has gone down to $40.

Thank you for your response. I really can't believe some of the crap these guys have said.

So, do you know, is the "final disposition" something I have to get from the county courthouse? I don't even know what that is. (Guess that makes me stupid to some of these guys also...hahaha)

You would probably be amazed by some of the first-post questions we see. Some are so off the wall, they can only be some anti-gunner trying to see if they can trap "the gun nuts" into promoting something illegal. Your first post had just enough of that to not pass some members' "smell test". I just gave you the benefit of the doubt.

The "final disposition" would be the paperwork they might have given you showing you were deemed guilty. If they didn't give that to you then yes, you need to get a copy from the county courthouse where the event happened.

Good luck to you.

Thank you very much Sir.

[Dwhale5150]

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

Thanks. I'm pretty sure the terminology used when I received the letter ordering me to send my license to the state was "Suspension" not "Revoked"...I hope!! Now you got me thinking I need to find that letter and make sure. But I understood it to be suspended for 5 years. I haven't found anything about the extra 2 years.

Appreciate your thoughts. take care.

[flechero]

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?

You are no more guaranteed that, than I am guaranteed you'll never screw up. Or anyone else here.

Funny post on this topic- was it voice text or alcohol?

Will say big thumbs,in a hurry . poor at grammar and I'm sure the grammar police understood the meaning.... Nothing funny about drunk driving.

You are right, and no one said drunk driving was funny. However, if you can't see a little bit of irony in your post, you might be taking yourself too seriously.



These comments not directed to you, WTR, just to the membership in general.


I find it most interesting that no one asked (that I saw) if he was carrying when this happened. That seems to be a bigger potential red flag than anything else here. If he knew he was going out and may be drinking, and left the gun home, that's a different story than if someone ends up dui while carrying.

I have noticed over the past year or two that we as a group, seem very quick to judge others. (often without all the facts) Which is odd since the membership here seems to be overwhelmingly Christian. Not claiming I haven't- but trying to see the whole picture now before I post. We've all screwed up many times, but most of us haven't been caught at whatever it was we did.

To the OP, good luck with this, I hope you get it worked out. And I'm hopeful that this was a 1 time thing and you learned the proverbial life-long lesson.

[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.

[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?

You are no more guaranteed that, than I am guaranteed you'll never screw up. Or anyone else here.

Funny post on this topic- was it voice text or alcohol?

WTR...You Sir...ARE A FRIGGIN' JOKE. Take Care and...don't make a mistake sir, you might not get a second chance!!!

Flechero - Thank you for your support. I made a mistake in judgement. I am not a habitual criminal. 43 years and NEVER a run in with the law.

Let's see. In only one instance that you admit to you drank and drove drunk( we all do it) and you sped while you had been drinking( I know,I know you were trapped,). Then to top it off, you are so mature you resort to name calling.

Dude, you posted one of the few ignorant responses that attacked me as a person...str8 out of the chute. You don't know me, you didn't know any of the circumstances that led to my arrest (which are none of your business anyway). You are no better than the liberals who feel that if THEY personally don't like something...then it just needs to be banned.

Basically what you said was "I don't know anything about this person or what he did but the guy made a mistake once...so he'll do it again, I don't trust him to behave responsibly as he apparently has a problem with a lack of good judgement. I on the other hand, have NEVER made a mistake or done anything that I regret...therefore, people like ME are the only one's who should be allowed the RIGHT to arm ourselves"

Now, of course...YOU have NEVER had a beer more than you should have but needed to get home and drove...right?? Of course not.

Bro...just get out of my face. You're just a self-righteous [abbreviated profanity deleted.] (There...some more name calling.) Adios Amigo.

[Dwhale5150]

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!!!