Disqualifiers for getting a CHL

[Dannyboy]

This is coming up more and more. People are asking me questions I can't answer. Anyway, I and some others would like to get a CHL here in Texas.

Here's one list of criteria I found. I have questions about this:

Q: What persons are restricted from holding a Texas CHL?
A: CHLs are forbidden to individuals to who fall under the following categories:
1. Anyone convicted of a felony and/or a Class A or B misdemeanor.
2. Anyone who is facing pending criminal charges.
3. Anyone who has had two convictions for chemical or alcohol dependency-related issues within a 10-year period.
4. Anyone who suffers from certain psychological impairments or conditions (unless a medical professional certifies that said condition is in remission).
5. Anyone subject to a protective or restraining order.
6. Anyone who is in default on taxes, child support, or governmental fees.

Number 1 is pretty much stating that if someone has been convicted of a Class A or B Misdemeanor, you can never have a CHL. I pleady guilty to DWI nearly 20 years ago. I think at that time, DWI was considered Class B misdemeanor. If this is the case, I might has well stop right now, and completely rule out the idea that I can ever get a CHL? I don't get it, because I also plead guilty to a state jail felony over 6 years ago. I was given a deal, deferred adjudicated probation, which I successfully discharged. My criminal record does not show a conviction, only a deferment, and there is a big difference as to how it affects my life. I can vote, whereas a convicted felon cannot vote. I can walk into a gun shop and buy a gun, whereas a convicted felon cannot. I I read a law stating that after 10 years from the date I was placed on probation, I can get a CHL. But that list of criteria I posted above seems to contradict the info I was given last year, from people right here on this forum. Back to number 1 in the list above - I have no felony conviction, but I did plead guilty to DWI nearly 20 years ago. I received probation from that guilty plea, and discharged successfully from that as well. WELL,,,,, Can I or can I not ever qualify for a CHL? Yep, I screwed up a few times in life. Or I'll say it another way - I got caught a few times. But those actions don't define who I am as a man. I'd like to be able to defend myself, and the people and things that make life meaningful to me. I'd also like to be prepared to put some lead into any nutcase who walks into a restaurant and decides to play executioner. If there are any knowledgeable jailhouse or internet lawyers in this forum, can you please take a moment to elaborate on the info Ive shared here? I have a nice big gun safe full of nice guns. I'm hoping to choose one of my pistols as my personal CHL carry one of these days.

Thanks.......

[FCH]

The laws bounce you around the different codes. There are exceptions to many things. Look at this page first: TxDPS Handgun Licensing
Your DUI probably will be OK since it occurred over 10 years ago but your State Jail Felony, depending on what it is for, could be a permanent ban.

[casp625]

You are disqualified from a CHL if you have any of the following:
Class A or Class B convictions or deferred adjudication in the last 5 years.
Felony convictions.
Deferred adjudication for a felony (generally a 10 year wait but may be a permanent disqualifier, depending on what it was for)

[Dannyboy]

This sounds like what I was told by an attorney awhile back. The felony charge that was deferred was for possession of less than 2 grams of meth, that charge was in 2009. I began the probation in June 2010. He said after 10 years for sure, I could likely get a CHL, but possibly even after only 5 years from the completion of probation, with some special application and request.

I know I brought on the complication to myself, but hoping there are exceptions work arounds.

I am allowed to carry a gun from my house to my car, and in my car while traveling, right? As long as it's concealed/hidden well in the car. Then Im also allowed by law to keep guns in my residence, and yard for self defense? Can you elaborate there?

[Dannyboy]

I got it narrowed down - I'll be able to get a CHL, because my deferred felony wasn't a title 5 offense, nor was it penal code 29. I likely will have to wait until 2020 to qualify for the CHL, however I understand there is one loophole that might cut that back to 2018.

[infoman]

You are disqualified for 10 years from the date you were given deferred adjudication. No more, no less, cut & dry.

[Longrifle]

My question is. What if a DWI occurred in Maryland,back in 2010,with probation ending in 2013? How does that affect a person interested in acquiring a CHL,since they're now a Texas resident?

[Charles L. Cotton]

My question is. What if a DWI occurred in Maryland,back in 2010,with probation ending in 2013? How does that affect a person interested in acquiring a CHL,since they're now a Texas resident?

If it was a misdemeanor, then it disqualifies the person for a Texas LTC for five years, beginning in 2010. If it was a felony DWI, then the person is disqualified for 10 years (2020). This presumes the person received deferred adjudication. If it was a felony conviction, then it's a permanent bar to obtaining an LTC and it triggers federal law.

Chas.

[BCGlocker]

Here is a question for you all. What if Texas DPS disqualify a Texas resident for a LTC license, and a less stringent stated that has a reciprocity agreement with Texas issue a CCW to this person? Can this person use another state's CCW permit in Texas, therefore, circumvent Texas laws?

[Longrifle]

My question is. What if a DWI occurred in Maryland,back in 2010,with probation ending in 2013? How does that affect a person interested in acquiring a CHL,since they're now a Texas resident?

If it was a misdemeanor, then it disqualifies the person for a Texas LTC for five years, beginning in 2010. If it was a felony DWI, then the person is disqualified for 10 years (2020). This presumes the person received deferred adjudication. If it was a felony conviction, then it's a permanent bar to obtaining an LTC and it triggers federal law.

Chas.

Yes,it was a misdemeanor charge. And the disposition on it,from what we can find,is 'closed'. I'm sure they'll be happy to know this,when they're told..!
Thank you for your reply!

[RoyGBiv]

Here is a question for you all. What if Texas DPS disqualify a Texas resident for a LTC license, and a less stringent stated that has a reciprocity agreement with Texas issue a CCW to this person? Can this person use another state's CCW permit in Texas, therefore, circumvent Texas laws?

That loophole does exist.

Folks on both side of the argument whether that's something that should be changed or left alone since it's not resulted an any notable bad outcomes.

I'm on the leave it alone side..