TexasCHLforum.com

Posted: **Thu Apr 30, 2015 10:31 am**

GC §411.171. DEFINITIONS. In this subchapter:
(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(1), eff. June 14, 2013.
(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.
(3) “Concealed handgun” means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(4) “Convicted” means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a
person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from
community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed
under any state or federal law.
(4-a) “Federal judge” means:
(A) a judge of a United States court of appeals;
(B) a judge of a United States district court;
(C) a judge of a United States bankruptcy court; or
(D) a magistrate judge of a United States district court.
(4-b) “State judge” means:

(A) the judge of an appellate court, a district court, or a county court at law of this state;
(B) an associate judge appointed under Chapter 201, Family Code; or
(C) a justice of the peace.
(5) “Handgun” has the meaning assigned by Section 46.01, Penal Code.
(6) “Intoxicated” has the meaning assigned by Section 49.01, Penal Code.
(7) “Qualified handgun instructor” means a person who is certified to instruct in
the use of handguns by the department.
(8) Repealed by Acts 1999, 76th Leg., ch. 62, Sec. 9.02(a), eff. Sept. 1, 1999.

GC § 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person’s application for a license under this subchapter unless the order of deferred adjudication was entered against the person for:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07 or 25.072, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable under
Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision

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

(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;

(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;
(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) 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;
(13) 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
(14) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.
(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary; 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.
(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at the time of a person’s application for a license to carry a concealed handgun, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this state as a felony.
(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.

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

There it is. These are the rules. You are the best judge of whether you fit into any of these situations. If not you qualify. I have left off many parts but left the sections that deal with arrests, convictions, etc.

The key to success is to be forthright and reveal everything in your explanatory documents. Every sneeze, arrest, Class C, B or A. They will find it by you have to document and are responsible to provide records.

If you (1) do that (2) are not eliminated by the above rules and (3) have no other disqualifiers then you will get your license.

tex

Posted: **Thu Apr 30, 2015 2:38 pm**

WinoVeritas wrote:My youthful indiscretions did not affect my getting a CHL 40+ years later. My youthful past was why I did all the requirements to obtain before I paid out good money for a CHL class.

Well, it's nice to know I'm not the only criminal element here!

Really, I'm sure that a lot of use screw up and learn the hard way, so it should be common, I always learned best from my mistakes. Did you by chance, have about the same record I had? I only ask because it will make me feel better, plus, I can't be the only one that is curious as to what to expect on the question. (If I am not being too nosy here) :)

Thanks for the comment, that really does help.

Randy

Posted: **Thu Apr 30, 2015 2:40 pm**

ScooterSissy wrote:
The Annoyed Man wrote:...
When I submitted my first application, I got such a letter. I was born a naturalized American citizen, but I was born overseas (probably the same year you were born....LOL). So DPS sent me a letter asking for proof of citizenship. I sent them a photocopy of my Certificate of Live Birth signed by the U.S. Consul in Casablanca in 1952, and they approved my application. With renewals, there has been no issue at all. Seems like once they know about something and accept it, you don't have to remind them every 5 years.
I don't mean to sound picky, but typically one is not "born a naturalized American citizen". Naturalization is the legal process for a non-citizen to acquire citizenship. Is it possible that the certification was a Report of Birth Abroad of a Citizen of the United States of America (CRBA)? I had to present mine for my CHL. I was born to American citizens (it only actually takes one) overseas. But that is not a naturalized citizen, it's a natural born citizen.

Seems youre behind the times old timer.

Get with it! The new term is obamalization a la fiat .

Posted: **Thu Apr 30, 2015 2:46 pm**

thetexan wrote:
There it is. These are the rules. You are the best judge of whether you fit into any of these situations. If not you qualify. I have left off many parts but left the sections that deal with arrests, convictions, etc.

The key to success is to be forthright and reveal everything in your explanatory documents. Every sneeze, arrest, Class C, B or A. They will find it by you have to document and are responsible to provide records.

If you (1) do that (2) are not eliminated by the above rules and (3) have no other disqualifiers then you will get your license.

tex

Well, what I get out of that is I guess I should be O.K. then, I'm sure it might be best if I had sent them the records, but I didn't, so I guess I will just see what happens, or, doesn't. heheh
Thank you a lot, Tex, I really appreciate the information on this, and I promise that when I do get the CHL information back, I'll let all know what happened, it can only help.

Randy

Posted: **Thu Apr 30, 2015 4:58 pm**

Jim Beaux wrote:
ScooterSissy wrote:
The Annoyed Man wrote:...
When I submitted my first application, I got such a letter. I was born a naturalized American citizen, but I was born overseas (probably the same year you were born....LOL). So DPS sent me a letter asking for proof of citizenship. I sent them a photocopy of my Certificate of Live Birth signed by the U.S. Consul in Casablanca in 1952, and they approved my application. With renewals, there has been no issue at all. Seems like once they know about something and accept it, you don't have to remind them every 5 years.
I don't mean to sound picky, but typically one is not "born a naturalized American citizen". Naturalization is the legal process for a non-citizen to acquire citizenship. Is it possible that the certification was a Report of Birth Abroad of a Citizen of the United States of America (CRBA)? I had to present mine for my CHL. I was born to American citizens (it only actually takes one) overseas. But that is not a naturalized citizen, it's a natural born citizen.
Seems youre behind the times old timer. Get with it! The new term is obamalization a la fiat .

I did specify that it was the "legal process". I'll let that much of a retort speak for itself about what I think of President Obama's immigration policies.

Posted: **Thu Apr 30, 2015 4:59 pm**

recrisp wrote:
WinoVeritas wrote:My youthful indiscretions did not affect my getting a CHL 40+ years later. My youthful past was why I did all the requirements to obtain before I paid out good money for a CHL class.
Well, it's nice to know I'm not the only criminal element here!

Really, I'm sure that a lot of use screw up and learn the hard way, so it should be common, I always learned best from my mistakes. Did you by chance, have about the same record I had? I only ask because it will make me feel better, plus, I can't be the only one that is curious as to what to expect on the question. (If I am not being too nosy here) :)

Thanks for the comment, that really does help.

Randy

I'd say pretty much on par with the other - 19 moving violations - speeding, reckless, loud exhaust; seven auto accidents; HS had me listed as incorrigible (dead on correct); Truant; Juvi problems; few arrest as teen in mischief; as one school chum said after getting out of Bexar County jail- "you were lucky" - we did the same things and you skated - he was almost correct - but I was never into stealing, robbing or vandalism of peoples property other than may be wine from Handy Andy or jerking a case off a Lone Star / Pearl truck. Party hardy - you bet. Got married, had kids, turned my life around, never looked back.

Posted: **Thu Apr 30, 2015 7:16 pm**

WinoVeritas wrote: I'd say pretty much on par with the other - 19 moving violations - speeding, reckless, loud exhaust; seven auto accidents; HS had me listed as incorrigible (dead on correct); Truant; Juvi problems; few arrest as teen in mischief; as one school chum said after getting out of Bexar County jail- "you were lucky" - we did the same things and you skated - he was almost correct - but I was never into stealing, robbing or vandalism of peoples property other than may be wine from Handy Andy or jerking a case off a Lone Star / Pearl truck. Party hardy - you bet. Got married, had kids, turned my life around, never looked back.

That's a good story, that to me shows that even though we all will make mistakes, a good person (at heart) can turn themselves around, sometimes we're born into an existing situation and have to get a feel for what cards have been dealt. We're pretty much neck-in-neck, we turned out O.K., well, at least you did... heheheh

Thanks for that, I enjoyed that quite a bit, and it gives one hope too. :)

Randy

Posted: **Tue Jun 23, 2015 11:35 am**

Well, as it turns out, I didn't receive my CHL because of the arrest of "Burglary" back in 06-30-70 in Dallas County... (I was definitely arrested, but was let go because they caught the actual guys, I can't really remember, but I know I was only in jail overnight, and I never went before a judge for any kind of a trial, I really was in the wrong place at the wrong time) :)

What I am hoping is that hopefully someone can help me out with a link that I can go to and start the process of getting the Felony Record Search they ask for. For some reason I am having trouble finding out where I should get this information, I would think they would have this clearly marked for people like me. :)
Also, this was mentioned:
"Charge
Burglary---Please provide us with a felony record search for the years: 1970 to present for this charge."

Anyway, what I need is a link if anyone here can please provide that, or direct me to a page that has that information.
Maybe I need to go to a site that I need to pay? I only went to County Records, and places like that, to no avail... Really I don;t want to keep going to online sites and guessing this 'might be' the correct place. heheh
I see this site, is this possibly the place I have to go?
https://records.txdps.state.tx.us/dpswe ... About.aspx

Thank you! I sure hope someone can help me out.

Randy

Posted: **Tue Jun 23, 2015 12:07 pm**

recrisp, sorry to hear you're having problems. I don't have the answers or solutions to your questions but maybe I can help steer you in the right direction.

First of all, the link you posted from DPS about the background check: I used that exact same website to pull up my information when I was applying for CHL. I think it cost some money to run the bg check. It turned up no useful information for me and it was a waste of money.

IMHO, you should go to Dallas county records and get the FULL disposition(meaning the full records and results of your arrest) of the case. You will probably have to go there to get it. I had to go to Tarrant county records to get the disposition(called in Tarrant county "Final Judgement & Sentence") on some things that happened to me back in 1976(theft with check of less than $200, ie: bounced check.) Once I had that I sent the original(with copies kept by me) along with my CHL application to DPS.

Again IMHO, you should get the disposition(s) on EVERY arrest that has ever occured to you in your lifetime, and send that to DPS. I know it's a royal pain, but it wil be worth it, when you get the CHL license.

I hope people with more knowledge of this procedure will chime in soon. But those are my recommendations. And I'd call DPS and talk to the tech(or specialist) who's handling your file to see if that's the correct procedure.

I wish you luck & the best in your efforts.

Posted: **Tue Jun 23, 2015 1:11 pm**

Thank you, Joe, that is a little more clear, and good advice, I was hoping that I wouldn't have to go through all of that, but, I think that what you said is probably the way they'd do stuff.
I guess I should call DPS and check to make sure.

Thanks again, Joe!

Randy

Posted: **Tue Jun 23, 2015 1:35 pm**

No problem Randy! Glad to be around to bounce ideas off of.

I know when I was gathering up alllll the info I could possibly find, I went to every police station I could think of to get back ground checks done at the city level. This included Arlington, Euless, Fort Worth. Those were the places that I got a traffic ticket, forgot to pay it and ended up spending some time in the place where you get free room & board.

It took me about 3 weeks after the CHL course to gather up all the info I could think of, but I didn't want any more delays than I was expecting.

Posted: **Tue Jun 23, 2015 2:19 pm**

You need to contact the Dallas County Criminal Court Clerk for your records.

Frank Crowley Courts Building - 133 North Riverfront Boulevard, Dallas, TX 75207
Phone: (214) 653-5740 • Fax: (214) 653-5778

Posted: **Tue Jun 23, 2015 6:24 pm**

joe817 wrote:No problem Randy! Glad to be around to bounce ideas off of.

I know when I was gathering up alllll the info I could possibly find, I went to every police station I could think of to get back ground checks done at the city level. This included Arlington, Euless, Fort Worth. Those were the places that I got a traffic ticket, forgot to pay it and ended up spending some time in the place where you get free room & board.

It took me about 3 weeks after the CHL course to gather up all the info I could think of, but I didn't want any more delays than I was expecting.

That's a lot of stuff to go through, and I know we're not the only two that has these problems, but, "Oh well", that was then, and this is now. :) We just keep learning. heheh
Thanks again Joe for your help.

Randy

Posted: **Tue Jun 23, 2015 6:30 pm**

Crossfire wrote:You need to contact the Dallas County Criminal Court Clerk for your records.

Frank Crowley Courts Building - 133 North Riverfront Boulevard, Dallas, TX 75207
Phone: (214) 653-5740 • Fax: (214) 653-5778

Thank you, Crossfire, that is what I needed, I looked for that information, but since I really didn't know the name of what I am looking for, it was harder than I thought, I only knew it probably had, "Dallas" in it! heheheh
For the future, where did you find this, was it on this site, or, somewhere else? The reason I ask is, I tried looking here on this forum, but I just never found it, in case another person needs to use this information, it would help them also.

Thank you for your help, it's really appreciated, especially you and Joe that helped a possible future Clyde Barrow. :) Really, thank you, it really does help me a LOT!

Randy

Posted: **Tue Jun 23, 2015 9:47 pm**

Just a long time CHL Instructor.

Always start with the county criminal court clerk in the county where you were processed. If records exist, that is usually where they will be found. And, if not, they will know where to send you.

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