DPS approval before CHL Class

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mjmbabb
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DPS approval before CHL Class

#1

Post by mjmbabb »

I just applied online for my CHL and now I think I may be ineligible. Will I receive anything from the DPS that I am not eligible before I spend more money for a class?

Thanks,
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Crossfire
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Re: DPS approval before CHL Class

#2

Post by Crossfire »

No
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RoyGBiv
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Re: DPS approval before CHL Class

#3

Post by RoyGBiv »

If you feel like providing the details, the folks here can be helpful in pointing you in the correct direction.
I am not a lawyer. This is NOT legal advice.!
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mjmbabb
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Re: DPS approval before CHL Class

#4

Post by mjmbabb »

I have a dui that was plead down to deadly conduct deferred which got my first license suspended and then revoked because of the amount of time it took to dispose of the case. My attorney assured me that deadly conduct would keep me eligible but now I see others saying it is a denial. I just don't want to throw good money after bad if I am not going to be eligible. Seems like they would take my 140 bucks and at least tell me that it was a gift to the state without also wasting my money and chl instructors time on a lost cause.
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Keith B
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Re: DPS approval before CHL Class

#5

Post by Keith B »

If you were convicted of Deadly Conduct under Penal Code 22.05 (a), then that is a Class A misdemeanor. If it was a Class A, then your CHL would be revoked. However, i believe you should be eligible again for a CHL 7 years from the date of conviction unless there are other circumstances prohibiting you from being eligible.
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mjmbabb
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Re: DPS approval before CHL Class

#6

Post by mjmbabb »

Ok, lets say it was a class a and it has only been 6 years. Can I wait until the 7 years is passed with the current application on file? Will it go dormant after a certain amount of time? I just know I, going to get screwed somehow.
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Re: DPS approval before CHL Class

#7

Post by Keith B »

mjmbabb wrote:Ok, lets say it was a class a and it has only been 6 years. Can I wait until the 7 years is passed with the current application on file? Will it go dormant after a certain amount of time? I just know I, going to get screwed somehow.
What was the date of conviction? I believe your online application should be good for up to 2 years. You would have to wait until after the 7 years to send in your CHL-100 from class, but the class could be taken before the 7 years is up.
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Re: DPS approval before CHL Class

#8

Post by mikeloc »

Five years from judgement day.

TEXAS CONCEALED HANDGUN LAWS

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a
concealed handgun if the person:
(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;


GC §411.186. REVOCATION. (a) The department shall revoke a license under
this section if the license holder:
(3) subsequently becomes ineligible for a license under Section 411.172,
unless the sole basis for the ineligibility is that the license holder is 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;

(a)(1)(5) may reapply as a new applicant for the issuance of a license under this
subchapter after the second anniversary of the date of the revocation if the cause
for revocation does not exist on the date of the second anniversary. If the cause
for revocation exists on the date of the second anniversary after the date of
revocation, the license holder may not apply for a new license until the cause for
revocation no longer exists and has not existed for a period of two years.


Which adds up to seven years.

However, in the past I've had students who waited the five years; applied for and receive their license. After that happen when we went to Georgetown to renew our instructor license the legal department told us that they would wave the two years if the person gave up their license without having to go to court over it. I don't know if you can call legal at DPS now and see if you can get by with just the five years. There is at least one person that reads this board and works for DPS, maybe he'll comment on what they're doing today.


Mike
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Re: DPS approval before CHL Class

#9

Post by sjfcontrol »

Keith B wrote:
mjmbabb wrote:Ok, lets say it was a class a and it has only been 6 years. Can I wait until the 7 years is passed with the current application on file? Will it go dormant after a certain amount of time? I just know I, going to get screwed somehow.
What was the date of conviction? I believe your online application should be good for up to 2 years. You would have to wait until after the 7 years to send in your CHL-100 from class, but the class could be taken before the 7 years is up.


Online payment is good for one year. The CHL-100 is good for two years.
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Crossfire
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Re: DPS approval before CHL Class

#10

Post by Crossfire »

Keith B wrote:If you were convicted of Deadly Conduct under Penal Code 22.05 (a), then that is a Class A misdemeanor. If it was a Class A, then your CHL would be revoked. However, i believe you should be eligible again for a CHL 7 years from the date of conviction unless there are other circumstances prohibiting you from being eligible.
He doesn't have a CHL yet, so it hasn't been revoked.

So, therefore, he is ineligible for only 5 years from the date of conviction, rather than 7.
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Re: DPS approval before CHL Class

#11

Post by Jumping Frog »

Crossfire wrote:
Keith B wrote:If you were convicted of Deadly Conduct under Penal Code 22.05 (a), then that is a Class A misdemeanor. If it was a Class A, then your CHL would be revoked. However, i believe you should be eligible again for a CHL 7 years from the date of conviction unless there are other circumstances prohibiting you from being eligible.
He doesn't have a CHL yet, so it hasn't been revoked.

So, therefore, he is ineligible for only 5 years from the date of conviction, rather than 7.
Perhaps you missed:
mjmbabb wrote:I have a dui that was plead down to deadly conduct deferred which got my first license suspended and then revoked ....
:tiphat:

I assumed he is applying as a new licensee instead of a renewal because the first license is long gone.
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Keith B
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Re: DPS approval before CHL Class

#12

Post by Keith B »

:iagree: That would add teh 2 years on for the previous revocation.
Keith
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mjmbabb
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Re: DPS approval before CHL Class

#13

Post by mjmbabb »

Thanks for the help guys. I'm glad I found this forum and will keep you up to date on the results.
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Re: DPS approval before CHL Class

#14

Post by Crossfire »

Jumping Frog wrote:
Crossfire wrote:
Keith B wrote:If you were convicted of Deadly Conduct under Penal Code 22.05 (a), then that is a Class A misdemeanor. If it was a Class A, then your CHL would be revoked. However, i believe you should be eligible again for a CHL 7 years from the date of conviction unless there are other circumstances prohibiting you from being eligible.
He doesn't have a CHL yet, so it hasn't been revoked.

So, therefore, he is ineligible for only 5 years from the date of conviction, rather than 7.
Perhaps you missed:
mjmbabb wrote:I have a dui that was plead down to deadly conduct deferred which got my first license suspended and then revoked ....
:tiphat:

I assumed he is applying as a new licensee instead of a renewal because the first license is long gone.
Yes, I did miss that! :oops:
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