Re-Apply

[Gat0rs]

Can I withdraw an application from 6 months ago and reapply? I have not yet sent in my stuff and would like to reapply so the application date is now (just passed the 10 year DUI date in Decemebr, applied in Nov. online by mistake). Or is the "application date" the date I send in the last bit of application materials? (e.g., have not yet taken CHL class).

[RX8er]

I don't know if you can/do that. If you could, you lose your money though.

If I am not mistake, the application date for an initial is when you first submit your application and pay. I say this because once you pay, you have 1 year to complete everything and get it turned in. But, since the BG check hasn't been started, you may be fine. Was your arrest a felony or a misdemeanor as 5 years is the time limit for misd:

Here's the law you need to read. I quoted the part s[pecifically about 5 years.

http://www.statutes.legis.state.tx.us/D ... tm#411.172" onclick="window.open(this.href);return false;

(3) has not been convicted of a felony;
(4) 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;
(5) is not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense;
(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 equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;

[Gat0rs]

Yea, here is the deal. About ten years ago I had Two DUIs when I was 20 and 21. I am now 31 with no other drinking arrests. The ten years is the law I read regarding two alcohol related class A or B within ten years. The first one's ten year period was Dec. I applied online in Nov but then realized it was Dec when final disposition occurred. Thus, at the time I paid, I had two DUIs in the last ten years, one 9 years and one 9 years 10 months.

[RX8er]

Yea, here is the deal. About ten years ago I had Two DUIs when I was 20 and 21. I am now 31 with no other drinking arrests. The ten years is the law I read regarding two alcohol related class A or B within ten years. The first one's ten year period was Dec. I applied online in Nov but then realized it was Dec when final disposition occurred. Thus, at the time I paid, I had two DUIs in the last ten years, one 9 years and one 9 years 10 months.

The best you can do is continue you application process and maybe, as I don't know, DPS will look at it being 10 years ago from when the background check was completed.

[Gat0rs]

I fthey dont, and they deny me, can I immediately reapply with all the same info / CHL class?

[RX8er]

I fthey dont, and they deny me, can I immediately reapply with all the same info / CHL class?

Sorry, I have no clue. Your best bet is to call DPS Monday and ask them what to do.

[IANAL]

There's an additional two year penalty tacked on for revoked licenses, if you don't turn it in preemptively. I don't know if there's a similar penalty on applications denied for cause, but it wouldn't surprise me.

[Gat0rs]

I've read over the law. I don't see anything regarding 2 years for denial, only revocation. But, no where does the law state when the date of the application is. There is a subheading that says "application" in the law, and under it it lists things needed like the actual application, fingerprints, etc... but it does not specify if all of them together are considered the application and when the date of the application is considered to be. If all are considere needed for an "application" arguably the applciation date is the date all items are provided.

[Gat0rs]

NVM, this seems to answer it.

TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 6 LICENSE TO CARRY HANDGUNS
SUBCHAPTER B ELIGIBILITY AND APPLICATION PROCEDURES
RULE §6.13 Application Review and Background Investigation
(a) Applications must be complete and legible. If an application is not legible or complete, the department will notify the applicant of the deficiency. The applicant will have 90 days from the date of the deficiency notification letter to amend the application. Upon written request, the department may extend the period to amend the application for one additional 90 day period. After the period to amend has expired, the application process will be terminated. An individual whose application has been terminated under this subsection will be required to submit new application materials and fees to apply for a license in the future.

(b) Time to review application and complete background investigation. The statutory time periods for the department to conduct application reviews and background investigations shall be measured from the date an application was received and complete. An application is not considered to have been received until it is complete.

Texas Administrative Code
Next Rule>>
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 6 LICENSE TO CARRY HANDGUNS
SUBCHAPTER B ELIGIBILITY AND APPLICATION PROCEDURES
RULE §6.12 Application Procedure and Required Materials

In addition to the information required by the Act, an applicant must submit all the following items, whether submitted electronically, through the online application process, or otherwise:
...
Evidence of proficiency.


So... My application should be dated as of the date all required materials are submitted.