Texas Concealed Carry Eligibility: Who’s Not Allowed to Carry a Gun?

We mortals have things in our past we aren’t proud of. Times in our lives when the faces of governmental deities frown down from their marbled halls of justice and dispense bolts of legal rebuke. Some of us were overlooked, others were caught, but we pick ourselves up and move past, upward and onward. We learn, we reform, we mature, we change.

If you’ve had some run-ins with law enforcement in the past you may be wondering if, now that you are an upstanding citizen, are you allowed to obtain a License To Carry (LTC) a concealed pistol after getting a DWI or other conviction? The answer, of course, depends on the situation and the crime.

Class A and Class B Misdemeanors

In the state of Texas, you will not be given an LTC if you have been convicted of a class A or B misdemeanor within the last 5 years. This means, if you have a DWI (a class B misdemeanor) less than 5 years ago, you will not be allowed to obtain your LTC. Charges dismissed after probation or deferred adjudication are counted as a conviction in this situation, so the 5-year waiting rule still applies.

So, what happens if you are convicted of a Class A or B misdemeanor when you already have your LTC? According to Barnett Howard & Williams law firm:

“If you are convicted of a class A or class B misdemeanor, your license will remain suspended and you will only be able to re-apply for a new LTC when you once again meet the initial eligibility requirements (after the required 5 years has passed).”

Dismissed Charges After Arrest

If the charges were dropped after you were arrested and you were not prosecuted, it does not count as a conviction and you may still obtain a license to carry a concealed gun.

Can you Get an LTC if Behind in Child Support?

No. According to Texas.gov, if you, “have been finally determined to be delinquent in child support obligations,” you will be denied your concealed carry license. Grow up and handle your business before you decide to take on the monumental responsibility of carrying a loaded weapon in public.

Are You Required to List All Arrests?

Yes, you are required to disclose every arrest you have had when filling out the LTC application. By including copies of the disposition for each arrest, your application will be processed more quickly, but at the very least include the year, offense, location and final disposition.

The Texas.gov site also had this to say about listing arrests:

“Applicants should also include information on cases that resulted in probation or deferred adjudication. Failure to provide any requested documentation could result in the termination of an application as incomplete.”

If you feel an error has been made in your criminal history, you can go to the Criminal History Error Resolution if the problem is in Texas, and here if the problem is with the FBI.

Here is the full list of requirements in order to obtain an LTC from the Texas State Statutes:

“A person is eligible for a license to carry a handgun if the person:

• 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);
• is at least 21 years of age;
• has not been convicted of a felony;
• 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
• is not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense;
• is not a chemically dependent (addicted to drugs) person;
• is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
• 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;
• is fully qualified under applicable federal and state law to purchase a handgun;
• has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;
• 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;
• 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;
• 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
• has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.

Disclaimer:

I am not, nor do I ever intend to become, a lawyer. Do your own research and talk to actual experts in this area of the law. If you have further information which can be used to clarify or reform this article, please feel free to say so in the comments for everyone’s benefit.

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Read here for an article discussing what to do if you have and LTC and are stopped by police in the state of Texas.