I have a question about obtaining a CHL regarding chemical dependency. For background, in 2009 I was charged with "Possession of Drug Paraphernalia" and "Public Intoxication" to which I plead "Differed Disposition" (both Class C misdemeanor offenses).
From what I understand, being charged with Class C misdemeanors do not disqualify an applicant from getting a CHL. However, there is the issue of "Chemical Dependency", in which the legislation is not explicitly clear. From my interpretation it seems like the DPS can deny an applicant on any evidence indicating chemical dependency. My question is 1) whether my interpretation is correct and if I will most likely be denied and 2) what I can do (i.e. how long I should wait) to become a CHL holder?
CHL and "Chemical Dependency"
Moderators: carlson1, Charles L. Cotton
Re: CHL and "Chemical Dependency"
Welcome to the forum. As you are required to list your arrests and this info will be available to DPS, I would suggest posing your question directly to DPS for an answer.
Most of the denials I've heard of related to chemical dependency involve someone receiving treatment for said dependency. Not sure if possession constitutes dependency or not.
Most of the denials I've heard of related to chemical dependency involve someone receiving treatment for said dependency. Not sure if possession constitutes dependency or not.
Life is tough, but it's tougher when you're stupid.
John Wayne
NRA Lifetime member
John Wayne
NRA Lifetime member
Re: CHL and "Chemical Dependency"
You are considered "chemically dependant" if you have been convicted of 2 or more Class B misdemeanors (or greater) in the previous 10 years.
There are other considerations, such as in-patient substance abuse treatment in the previous 5 years, or diagnosis as chemically dependant in the previous 5 years. But, DPS does not randomly label you as ineligible. You must meet those criteria.
If both of your convictions were Class C, and you have no other factors, then you probably don't have anything to wory about.
The only Class C misdemeanor that can affect your ability to get a CHL is a Disorderly Conduct, which makes you ineligible for 5 years from the conviction date.
There are other considerations, such as in-patient substance abuse treatment in the previous 5 years, or diagnosis as chemically dependant in the previous 5 years. But, DPS does not randomly label you as ineligible. You must meet those criteria.
If both of your convictions were Class C, and you have no other factors, then you probably don't have anything to wory about.
The only Class C misdemeanor that can affect your ability to get a CHL is a Disorderly Conduct, which makes you ineligible for 5 years from the conviction date.