Eligibility??

[jwesttexas]

My wife and I are thinking of getting our chl, however....

My wife had a PI and minor in consumption charge in 2005

I, in 2002 had a criminal trespass (misdemeanor) (when I was 18 in the house I lived in, resulted from argument w parents)
In 2003 had minor in consumption alcohol (misdemeanor)
In 2004 had an evading arrest (misdemeanor)(was at a party as a minor, cops showed up, I ran...)
In 2006 was arrested for DWI but lawyer got charge changed to deadly conduct (misdemeanor) to keep off driving record..

I know it seems like we are a bunch of criminals but it's not as bad as it seems. They were stupid mistake we made when younger... These were all misdemeanors and the last charge was almost 7 yrs ago..... Are we eligible? Is there somewhere we can check before paying the fees and taking a class?

[baldeagle]

Texas Government Code

Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed 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);

(2) is at least 21 years of age;

(3) has not been convicted of a felony;

(4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;

(5) is not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense;

(6) is not a chemically dependent person;

(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;

(9) is fully qualified under applicable federal and state law to purchase a handgun;

(10) has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;

(11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;

(12) is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;

(13) has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and

(14) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.

(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:

(1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:

(A) is designated by a law of this state as a felony;

(B) contains all the elements of an offense designated by a law of this state as a felony; or

(C) is punishable by confinement for one year or more in a penitentiary; and

(2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.

(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at the time of a person's application for a license to carry a concealed handgun, the offense:

(1) is not designated by a law of this state as a felony; and

(2) does not contain all the elements of any offense designated by a law of this state as a felony.

(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.

[jwesttexas]

Thx... What about the very last rule?... As my wife had 2 alcohol convictions in the past 10 yrs..... Is that what it is saying.

[KC5AV]

Thx... What about the very last rule?... As my wife had 2 alcohol convictions in the past 10 yrs..... Is that what it is saying.

It's difficult to tell for sure from your original post... what were her convictions, and were they either Class A or Class B? It looks like she had PI and MIP. I think both of those are Class C. If that's the case, she is eligible, but all arrests/convictions will have to be disclosed on her application, and will require certified disposition from the jurisdiction where the arrests happened.

[jwesttexas]

Ok thx.. I assume I would also need a cert of disposition for my arrest also?

[Jar Jar]

Ok thx.. I assume I would also need a cert of disposition for my arrest also?

If you were arrested it's best to get certified dispositions unless yoosa veryvery patient man.

[baldeagle]

PI is a Class C misdemeanor. If I'm reading the law correctly, it wouldn't count for that subclause.

I would recommend that you hire an attorney to advise you and sort this all out.