Eligibility Info

[KRoyal]

Well should have asked this yesterday since I've already did my online application and scheduled finger prints, but here it goes.

In 2007 on my birthday I got a public intox. I got pretty drunk at a party at a house I was not familiar with well after throwing up I somehow got turned around and ended up on the neighbors porch where I slept. The cops couldn't get anyone to come to the door in the house I was supposed to be in so they had to take me to jail for the night. I paid the fine never went to court.

Next in 2009 on my birthday again, I have really bad luck on my birthdays, I had too much to drink and got behind the wheel of my car and got pulled over doing 35 on the highway. I never disputed the charge, I was drunk and got caught I pled guilty paid all my fines and did my probation. Was convicted in July of 2009, so now it being past July of 2014 5 years later I figured I'd get my CHL again.

Will I be disqualified by any of that? I really hope I'm not going to be out the $150 I spent yesterday LOL.

Thanks

[Keith B]

Public intoxication is normally a Class C misdemeanor and should not be an issue. The DWI first offense is usually a Class B misdemeanor and will disqualify you for the 5 year period. The only gotcha might be is the PI was a class B for some reason then you would fall into the 'chemically dependent 10 year rule

Is not a chemically dependant person (a person with two convictions within the ten year period preceding the date of application for offenses (Class B or greater) involving the use of alcohol or a controlled substance is ineligible as a chemically dependent person. Other evidence of chemical dependency may also make an individual ineligible for a CHL),

So, if the PI was a C and the DWI is over 5 years and there are no other offenses, you should be OK. Hopefully you listed them and sent documentation to show the disposition?

[KRoyal]

Public intoxication is normally a Class C misdemeanor and should not be an issue. The DWI first offense is usually a Class B misdemeanor and will disqualify you for the 5 year period. The only gotcha might be is the PI was a class B for some reason then you would fall into the 'chemically dependent 10 year rule

Is not a chemically dependant person (a person with two convictions within the ten year period preceding the date of application for offenses (Class B or greater) involving the use of alcohol or a controlled substance is ineligible as a chemically dependent person. Other evidence of chemical dependency may also make an individual ineligible for a CHL),

So, if the PI was a C and the DWI is over 5 years and there are no other offenses, you should be OK. Hopefully you listed them and sent documentation to show the disposition?

Thanks no the PI was a Class C. I did list them, but didn't send in documentation to show disposition. It never asked me for more information.

[Keith B]

Public intoxication is normally a Class C misdemeanor and should not be an issue. The DWI first offense is usually a Class B misdemeanor and will disqualify you for the 5 year period. The only gotcha might be is the PI was a class B for some reason then you would fall into the 'chemically dependent 10 year rule

Is not a chemically dependant person (a person with two convictions within the ten year period preceding the date of application for offenses (Class B or greater) involving the use of alcohol or a controlled substance is ineligible as a chemically dependent person. Other evidence of chemical dependency may also make an individual ineligible for a CHL),

So, if the PI was a C and the DWI is over 5 years and there are no other offenses, you should be OK. Hopefully you listed them and sent documentation to show the disposition?

Thanks no the PI was a Class C. I did list them, but didn't send in documentation to show disposition. It never asked me for more information.

They may come back to you for records on disposition. If so, then you will need to get a certified copy from the court clerk where you were charged. However, they may be able to see enough that they can determine you are past teh 5 years and not request it. Main thing is, if they do request info you only have 90 days to get it back to them or they can revoke the application.

[KRoyal]

Thank you very much for the replies. Hopefully they won't need it, but will get it to them ASAP if needed.

[victory]

You are probably eligible but DPS can make a subjective decision where multiple drug and alcohol convictions are involved.

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.

[Keith B]

You are probably eligible but DPS can make a subjective decision where multiple drug and alcohol convictions are involved.

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.

The caveat is IF other evidence exists.

GC §411.171. DEFINITIONS. In this subchapter:
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(2) “Chemically dependent person” means a person who frequently or
repeatedly becomes intoxicated by excessive indulgence in alcohol or uses
controlled substances or dangerous drugs so as to acquire a fixed habit and an
involuntary tendency to become intoxicated or use those substances as often
as the opportunity is presented.

The statute is very clear on the convictions.

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a
concealed handgun if the person:
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(6) is not a chemically dependent person
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(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.
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