CHL eligibility questions

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

sg3153
Junior Member
Posts: 7
Joined: Sat Aug 20, 2011 6:17 pm

Re: CHL eligibility questions

Post by sg3153 »

2up1down wrote:The first thing to do is a little research on http://www.txdps.state.tx.us/administra ... chlaws.htm" onclick="window.open(this.href);return false;
I "threw you a bone" below and posted what your search would render.

Then, You should contact DPS Licensing at 1-512-424-7293.

You might think that there are many "Am I eligible"? questions on this forum, and you would be correct.

Usually the search function (in the upper right hand corner of this page)
will assist you in your initial research and my personal experience
is that the technicians at 1-512-424-7293 will guide you the rest of the way.

Best of luck and stay away from the past. Not quite sure that the anger and fighting of the past,
are of the past considering your responses here.

GC §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 an offense under Section 42.01, Penal Code, 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;

(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 an offense under Section 42.01, Penal Code;

(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) has not been finally determined to be in default on a loan made under Chapter 57, Education Code;

(13) 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;

(14) 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

(15) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174 or in a request for application submitted pursuant to Section 411.175.

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

(1) a felony if the offense is so designated by law or if confinement for one year or more in a penitentiary is affixed to the offense as a possible punishment; 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.

(c) An individual who has been convicted two times within the10-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.

(d) For purposes of Subsection (a)(7), a person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person:

(1) has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability;

(2) suffers from a psychiatric disorder or condition described by Subdivision (1) that:

(A) is in remission but is reasonably likely to redevelop at a future time; or

(B) requires continuous medical treatment to avoid redevelopment;

(3) has been diagnosed by a licensed physician or declared by a court to be incompetent to manage the person's own affairs; or

(4) has entered in a criminal proceeding a plea of not guilty by reason of insanity.

(e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1):

(1) involuntary psychiatric hospitalization in the preceding five-year period;

(2) psychiatric hospitalization in the preceding two-year period;

(3) inpatient or residential substance abuse treatment in the preceding five-year period;

(4) diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; or

(5) diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consisting of or relating to:

(A) schizophrenia or delusional disorder;

(B) bipolar disorder;

(C) chronic dementia, whether caused by illness, brain defect, or brain injury;

(D) dissociative identity disorder;

(E) intermittent explosive disorder; or

(F) antisocial personality disorder.

(f) Notwithstanding Subsection (d), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subsection (d) or listed in Subsection (e) is not because of that disorder or condition incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person provides the department with a certificate from a licensed physician whose primary practice is in the field of psychiatry stating that the psychiatric disorder or condition is in remission and is not reasonably likely to develop at a future time.

I appreciate the info. I am sorry that you you feel the way you do. I have searched the forum, I did before I posted my question. I have read the statute, and I really don't know how to make heads or tales out it in relation to my circumstances.
User avatar
2up1down
Member
Posts: 161
Joined: Thu Jun 03, 2010 5:47 pm

Re: CHL eligibility questions

Post by 2up1down »

Jumping Frog wrote:I have found that one aspect that has allowed me to successfully carry a firearm for years without getting into trouble with it, was my willingness to have a thick skin and not let other people's actions unduly aggravate me. De-escalation is an important skill to cultivate when living life armed every day.
May God bless the "Frog"//// Always good to hear the "Ribbetttt!!!"

I was trying to find a gentle balance before I posted,, everyone was thinking the same thing.

Good to hear the balance of the board.
Become a Student of the Law we live under and proficient in the protection of yourself: so you may protect your Family, State and way of Live. Awareness is your first defense, avoidance your first tactic. If engagement is forced, Stop when the threat is gone.
Wfahey
Member
Posts: 127
Joined: Tue Aug 16, 2011 3:35 pm
Location: San Antonio

Re: CHL eligibility questions

Post by Wfahey »

sg3153 wrote:Hello all. I am interested in getting my CHL, but I don't know if I would even be eligible. I have never had trouble buying firearms, but I know the state has different requirements for the license.... I am trying to figure out I'd I would just be wasting money trying to get my CHL.
When was the last time you purchased a firearm? I only ask because I purchased one today and I had to answer questions that relate directly to some of the items you posted from your past. Specifically the one in 2006. I would think that one alone might give you some trouble with both the purchase of a firearm and obtaining your CHL. Like others have said, only way to know for sure is to contact DPS directly.
sg3153
Junior Member
Posts: 7
Joined: Sat Aug 20, 2011 6:17 pm

Re: CHL eligibility questions

Post by sg3153 »

Wfahey wrote:
sg3153 wrote:Hello all. I am interested in getting my CHL, but I don't know if I would even be eligible. I have never had trouble buying firearms, but I know the state has different requirements for the license.... I am trying to figure out I'd I would just be wasting money trying to get my CHL.
When was the last time you purchased a firearm? I only ask because I purchased one today and I had to answer questions that relate directly to some of the items you posted from your past. Specifically the one in 2006. I would think that one alone might give you some trouble with both the purchase of a firearm and obtaining your CHL. Like others have said, only way to know for sure is to contact DPS directly.

I have purchased 9 different firearms since December of last year. 3 handguns and 6 AR lowers I have always filled out the 4473 honestly and I haven't been denied yet. Although I always get delayed.
User avatar
Crossfire
Moderator
Posts: 5405
Joined: Sun Jan 08, 2006 10:27 am
Location: DFW
Contact:

Re: CHL eligibility questions

Post by Crossfire »

Your charges as a juvenile will make you ineligible for 10 years, if of a felony grade. Yours were misdemeanors, and are more than 10 years old, so no problem there.

Your adult charge for violation of protective order, a Class A misdemeanor, would make you ineligible for 5 years. Unless it was considered assault, domestic violence. Then it is a forever disqualifier.

If you decide to apply for your CHL, get all your disposition paperwork for all your cases, and make copies of them. DPS is going to need those.

Good luck to you.
Texas LTC Instructor, FFL, IdentoGO Fingerprinting Partner
http://www.Crossfire-Training.com
User avatar
couzin
Senior Member
Posts: 1004
Joined: Wed May 04, 2005 7:12 pm
Location: Terrell, Texas

Re: CHL eligibility questions

Post by couzin »

sg3153 wrote:It is one thing to offer advice, but to pass judgment based off of limited knowledge is immature. I asked for information not opinion. If I wanted opinions about my personality I would have asked people that know me not some random stranger on an internet forum. Like I said earlier if you have nothing constructive to add to this thread please refrain from posting in it.
You asked - you will get answers/opinions. You may not like everbody's response. Just chill a little. I tend to agree, your juv history and the other adult stuff, PLUS how you kinda got amped up here when folks said stuff you didn't like - you may want to consider some anger management. Just MHO... :tiphat:
“Only at the end do you realize the power of the Dark Side.”
User avatar
punkndisorderly
Senior Member
Posts: 258
Joined: Sat Aug 09, 2008 5:49 pm

Re: CHL eligibility questions

Post by punkndisorderly »

Crossfire wrote:Your charges as a juvenile will make you ineligible for 10 years, if of a felony grade. Yours were misdemeanors, and are more than 10 years old, so no problem there.

Your adult charge for violation of protective order, a Class A misdemeanor, would make you ineligible for 5 years. Unless it was considered assault, domestic violence. Then it is a forever disqualifier.

If you decide to apply for your CHL, get all your disposition paperwork for all your cases, and make copies of them. DPS is going to need those.

Good luck to you.
Perfect answer.

Were I in your situation, i'd get your disposition paperwork together and either call DPS or go through the process and let the chips fall where they may. DPS likely won't give you a direct answer to your particular situation without all the facts.
Texas CHL Instructor
User avatar
v-rog
Senior Member
Posts: 794
Joined: Thu Jun 16, 2011 10:14 am
Location: Grand Prairie, Texas

Re: CHL eligibility questions

Post by v-rog »

I was told by one of the DPS Techs that there is a difference between being able to purchase a firearm and being able to carry one concealed. In orther words, they are more stringent when it comes to getting a CHL. Being up front with them is the best thing. They have permission and the ability to open sealed childhood records and etc.
_____________________________________________________________________________________
Remember 31 Connollystraße & Benghazi
Faith Under Fire ISBN# 9780307408815
User avatar
Skiprr
Moderator
Posts: 6458
Joined: Fri Oct 20, 2006 4:50 pm
Location: Outskirts of Houston

Re: CHL eligibility questions

Post by Skiprr »

v-rog wrote:I was told by one of the DPS Techs that there is a difference between being able to purchase a firearm and being able to carry one concealed. In orther words, they are more stringent when it comes to getting a CHL. Being up front with them is the best thing. They have permission and the ability to open sealed childhood records and etc.
Yup. And after taking Crossfire's excellent and concise information into account, something the OP may be faced with is that a call to DPS simply might not be able to provide definitive info about the 2006 charge, in part because it was out-of-state. They try to respond as best they can to direct eligibility questions, but they simply can't do the research ultimately necessary unless they have all the disposition papers in hand and assign the application to a tech for review. That's part of what the application fee pays for.

So for sg3153, it may come down to doing some research (which he's doing), making the call to DPS and ask, then ultimately making his own best guess about whether he will be denied or not. Like Crossfire said, so long as the 2006 charge is not one of domestic violence, I (and IANAL a lawyer or even very well informed ;-) ) think there's a good chance he's eligible based on what's been said. But the only way to be really sure may be to go through the application process.
Join the NRA or upgrade your membership today. Support the Texas Firearms Coalition and subscribe to the Podcast.
I’ve contacted my State Rep, Gary Elkins, about co-sponsoring HB560. Have you contacted your Rep?
NRA Benefactor Life Member
Post Reply

Return to “General Texas CHL Discussion”