Will I be approved ?

[HicksFirearms]

Hi there guys, I am brand new to this forum and I need some answers to some important (to me) questions. I would like to get my TX CHL but I have had a couple of arrest. I have been arrested twice in TX for DWI's, first in 1997, the outcome was a pre-trial deversion. Second was in 2003-was listed as DWI, first offense and a plea of no contest. I had a third incident that happened in ND in 2008 and was charged with "actual physical control" of a vehicle, even though I was parked, but I was over the legal limit and had the keys in the ignition. The outcome of this and the two DWI's was just probation, no jail served.
I was approved and recived my "type 01 FFL" in June of 2010. I would like to now if anyone has had similer arrest and if so would I be approved for a TX CHL.
It seems that since I was approved for my FFL I will be approved for my CHL. Please let me know if anyone has had a similar experience. I dont want to lose my money if I am not approved. Thanks

[WildBill]

IANAL or CHL instructor, but I don't think that you are eligible.
This section GC §411.172. ELIGIBILITY is from the Texas DPS website:

(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.

http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf" onclick="window.open(this.href);return false;

According to the North Dakota Century Code your offense was a Class B Misdemeanor:

§ 39-08-01. Persons under the influence of intoxicating liquor or any other drugs or substances not to operate vehicle -- Penalty
1. A person may not drive or be in actual physical control of any vehicle upon a highway or upon public or private areas to which the public has a right of access for vehicular use in this state if any of the following apply:
a. That person has an alcohol concentration of at least eight one-hundredths of one percent by weight at the time of
the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle.
b. That person is under the influence of intoxicating liquor.

2. A person violating this section or equivalent ordinance is guilty of a class B misdemeanor for the first or second offense in a five-year period, of a class A misdemeanor for a third offense in a five-year period, of a class A misdemeanor for the
fourth offense in a seven-year period, and of a class C felony for a fifth or subsequent offense in a seven-year period.

http://www.totaldui.com/uploadedFiles/T ... al-DUI.pdf" onclick="window.open(this.href);return false;

[HicksFirearms]

OK I wasnt sure. But when I run my criminal history and arrest history nothing shows up, so Im not sure what to do. Maybe I should wait. I just dont know.
It seems crazy that I can get my FFL and not my CHL. It looks like it would be oppisite.

[WildBill]

OK I wasnt sure. But when I run my criminal history and arrest history nothing shows up, so Im not sure what to do. Maybe I should wait. I just dont know.
It seems crazy that I can get my FFL and not my CHL. It looks like it would be oppisite.

As I stated, I am not a lawyer or CHL instructor, but that is my take on it. Just because your search doesn't turn up anything, doesn't mean that the arrests didn't happen. The searches performed by law enforcement agencies are more thorough and would probably show up. Even if they didn't you are still obligated to list them on your CHL application. I just don't want you to waste your time and money taking a CHL class and then be denied.

FFL licensing is a federal function. The states can be more strict in their requirements for issuing a CHL.

[MoJo]

I'm pretty sure Wild Bill is right. Give it a try in 2013 (five years after your last conviction.)

[HicksFirearms]

OK Guys, thanks for the input. It would probably be best to wait just to be safe and not lose any money. I am itching to get my CHL, Cant wait. Better to be safe than sorry.

[jmra]

Chl aside, I hope that things have changed for the better in your life. I teach math but you don't need to be a math teacher to see a pattern here. 1997, 2003, 2008, ... Have you taken steps to ensure that this pattern ended in 2008? This is not meant to be an attack on your character but rather a concern for your future health and, if you plan to carry a firearm, the future health of others you encounter.

[HicksFirearms]

I hope I dont get arrested again since I havent had a drink in 3 years. Have medical probs now. Disabled with a broken back and cant drink due to meds, also have diabeties type 1. Anyway got myself together now. thanks for all your answers.

[jmra]

I hope I dont get arrested again since I havent had a drink in 3 years. Have medical probs now. Disabled with a broken back and cant drink due to meds, also have diabeties type 1. Anyway got my _______ together now. thanks for all your answers.

Sorry to hear about your medical problems but great to hear that you have everything else going in the right direction. I'm not sure about the requirements for the Utah CFP but I know it is not as strict as the Tx Chl. That might be an option for you until you get your CHL. You would want to do it before May though.

[HicksFirearms]

I hope I dont get arrested again since I havent had a drink in 3 years. Have medical probs now. Disabled with a broken back and cant drink due to meds, also have diabeties type 1. Anyway got myself together now. thanks for all your answers.

Sorry to hear about your medical problems but great to hear that you have everything else going in the right direction. I'm not sure about the requirements for the Utah CFP but I know it is not as strict as the Tx Chl. That might be an option for you until you get your CHL. You would want to do it before May though.

How is that? you dont have to be a resident of Utah? you can take it here in TX?

[gigag04]

According to the North Dakota Century Code your offense was a Class B Misdemeanor:

Texas would consider it a Class A since it would be filed under the DWI-2nd enhancement. Had the 1st one actually gone on the books this would've been DWI-3rd which is a felony.

The OP may be in danger of the substance abuse clause too, but I'm no expert.

[jmra]

I hope I dont get arrested again since I havent had a drink in 3 years. Have medical probs now. Disabled with a broken back and cant drink due to meds, also have diabeties type 1. Anyway got myself together now. thanks for all your answers.

Sorry to hear about your medical problems but great to hear that you have everything else going in the right direction. I'm not sure about the requirements for the Utah CFP but I know it is not as strict as the Tx Chl. That might be an option for you until you get your CHL. You would want to do it before May though.

How is that? you dont have to be a resident of Utah? you can take it here in TX?

It is a Utah non-resident license. There are a number of instructors here in TX. It's good for five years. However, if you qualify, you need to get it before May. Utah just made a change that if you get it after May you have to have a CHL from your home state first.

[WildBill]

The OP may be in danger of the substance abuse clause too, but I'm no expert.

That was what I was implying. The reason I pointed out the ND statute was because the OP said that he was in the car, but wasn't actually driving. I looked it up to see if that made any difference in ND, but it doesn't. The offense is the same so it would count as two convictions within 10 years.

[Rebel]

I hope I dont get arrested again since I havent had a drink in 3 years. Have medical probs now. Disabled with a broken back and cant drink due to meds, also have diabeties type 1. Anyway got myself together now. thanks for all your answers.

Sorry to hear about your medical problems but great to hear that you have everything else going in the right direction. I'm not sure about the requirements for the Utah CFP but I know it is not as strict as the Tx Chl. That might be an option for you until you get your CHL. You would want to do it before May though.

How is that? you dont have to be a resident of Utah? you can take it here in TX?

It is a Utah non-resident license. There are a number of instructors here in TX. It's good for five years. However, if you qualify, you need to get it before May. Utah just made a change that if you get it after May you have to have a CHL from your home state first.

This is just my opinion, but I really don't care for the advocating of getting a Utah CFP to circumvent the Texas CHL requirements.

[jmra]

I hope I dont get arrested again since I havent had a drink in 3 years. Have medical probs now. Disabled with a broken back and cant drink due to meds, also have diabeties type 1. Anyway got myself together now. thanks for all your answers.

Sorry to hear about your medical problems but great to hear that you have everything else going in the right direction. I'm not sure about the requirements for the Utah CFP but I know it is not as strict as the Tx Chl. That might be an option for you until you get your CHL. You would want to do it before May though.

How is that? you dont have to be a resident of Utah? you can take it here in TX?

It is a Utah non-resident license. There are a number of instructors here in TX. It's good for five years. However, if you qualify, you need to get it before May. Utah just made a change that if you get it after May you have to have a CHL from your home state first.

This is just my opinion, but I really don't care for the advocating of getting a Utah CFP to circumvent the Texas CHL requirements.

I was simply letting him know his legal options. I don't care for the Utah option myself but at least until May it is there. Would you rather I with hold the information? I thought this forum was about sharing information.