TexasCHLforum.com

1st post, Where to begin? Hello all!

Before 1996 I got community service for cussing in middle school, in summer of 2000 I got a criminal mischief under 50.00 (Class C) for cutting donuts in a field with other friends (young and dumb) and all other tickets are mainly for speeding, passing, or exhibation of acceleration (2002)

I did take the exhabition of acceleration ticket to court and just had to paid a fine (witnesses were not allowed to speak and I did NOT press the issue like I should have)

According to the rules most everything is over 5-10 years old and all Class C (the cussing in school I have no idea how that was really handled or filed - it was in Bexar county if I remember right)

On my Online CHL app I listed NONE under "ARREST AND CRIMES" hoping that was correct given my situations

1. I can legally buy firearms and the phone calls are quick to clear me (been through 30 guns in less than a year)
2. ATF sent my 03 FFL couple weeks ago (figured if I could have guns sent to house, I was good to try for CHL)
3. I'll be 30 years old in a month (just to establish a time line)
4. I've NEVER been arrested, jailed, or done or tried drugs
5. Is the kicker, see below

In my baby years age 5 to pre-teen I was in foster care / institutions (in Oklahoma and then Texas when parents moved) for whatever reasons, but to my knowledge I have NEVER been COURT ORDERED to seek help also all this was well before the age of 18 and I put "NO" under the mental section of the CHL form - obviously I must be OK if I can legally buy and own guns and the ATF let me have an 03 FFL (so "I" think)

Ive done paid the 140.00 online, waiting on status, then I'll do my prints, photo IDs, and class

Im guessing I will NOT know an answer UNTIL after I've completed the "check list" and paid almost 250.00 before I find anything out?

Thanks in advance

sublevel wrote:Im guessing I will NOT know an answer UNTIL after I've completed the "check list" and paid almost 250.00 before I find anything out?

Pretty much. That cussin' in school is pretty bad, but not as bad as smokin' in the boys' room. I think they'll go easy on you.

Are you saying that you have done your on-line application and you are waiting to see what they say (your status)? If so, they will not process your application until you complete the class, send them the required paperwork, and get your L1 fingerprints.

If it was me, I would call them and talk with a tech about your situation. Otherwise you may disqualify yourself. Good luck.

I would think that if you were eligible for FFL, you should be fine. Take the class and get your license!

Thanks for the reply

Well, I was raised to never give more information than you have too... if something were to be found then I would have no problems cooperating, but I dont see any "negatives" that would stop me from getting a CHL according to "MY" understanding of there requirements... again "MY" understanding and Im not falsifying anything to the best of my knowledge

I stand by the fact I can legally own guns and got an 03 FFL from the ATF (who I "thought" were the highest authority on firearms) by answering basically the same questions

No arrest and no judge and no papers saying Im nuts... The whole point of me spending 30.00 for my 03 FFL was to see if I could get it and if I did I was going for the CHL, am I wrong for thinking that way?

Thanks again

Class C misdemeanors are not disqualifiers, except for Disorderly Conduct.

If you received tickets but were not arrested, I believe those do not need to be disclosed. (For the purposes of the CHL application, arrests involve fingerprinting, et cetera. They ignore the fact that a traffic stop is technically an arrest, IIRC, according to Texas Court of Criminal Appeals.)

Oh - and to repeat what v-rog said, I wager your status won't change online until you send them everything, including the training certificate.

never been printed or been behind bars, I even worked at a corrections facility at one point (they did back ground checks but I am pretty sure its a private company: Corrections Corperation of America) and I have know of people with DWI and DUI that had to wait it out to get hired on... and as far as I knew all Federal Rules applied while working there

Not sure about what that "cussing thing" counted as, since it was before I was 18 and well over 10 years ago should I even worry about that coming up? guess it could have been considered "Disorderly Conduct" according to the penal code... guess I can worry about that one?

Straight from DPS CHL section, what I read first and why I chose "NO" to my answers, again I dont think the ATF would openly send me an "invitation" to buy guns from internet sites after being "investigated" and expect me to be honest and keep a bound book if I was off my rocker and a naughty boy, lol

So.... who does a better background check ATF, DPS, or the people that get called when buying guns?


GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding
the date of application under this subchapter or is otherwise eligible for
a license under Section 411.173(a);
(2) is at least 21 years of age;
(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;
(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:
TEXAS CONCEALED HANDGUN LAWS GC §411.172. 5
(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 the10-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.
(d) For purposes of Subsection (a)(7), a person is incapable of exercising
sound judgment with respect to the proper use and storage of a
handgun if the person:
(1) has been diagnosed by a licensed physician as suffering from
a psychiatric disorder or condition that causes or is likely to cause substantial
impairment in judgment, mood, perception, impulse control, or
intellectual ability;
(2) suffers from a psychiatric disorder or condition described by
Subdivision (1) that:
(A) is in remission but is reasonably likely to redevelop at a future
time; or
(B) requires continuous medical treatment to avoid redevelopment;
(3) has been diagnosed by a licensed physician, determined by a
review board or similar authority, or declared by a court to be incompetent
to manage the person's own affairs; or
(4) has entered in a criminal proceeding a plea of not guilty by reason
of insanity.
(e) The following constitutes evidence that a person has a psychiatric
disorder or condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization;
(2) psychiatric hospitalization;
(3) inpatient or residential substance abuse treatment in the preceding
five-year period;
6 GC §411.173. TEXAS CONCEALED HANDGUN LAWS
(4) diagnosis in the preceding five-year period by a licensed physician
that the person is dependent on alcohol, a controlled substance,
or a similar substance; or
(5) diagnosis at any time by a licensed physician that the person
suffers or has suffered from a psychiatric disorder or condition consisting
of or relating to:
(A) schizophrenia or delusional disorder;
(B) bipolar disorder;
(C) chronic dementia, whether caused by illness, brain defect,
or brain injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder; or
(F) antisocial personality disorder.
(f) Notwithstanding Subsection (d), a person who has previously
been diagnosed as suffering from a psychiatric disorder or condition
described by Subsection (d) or listed in Subsection (e) is not because
of that disorder or condition incapable of exercising sound judgment
with respect to the proper use and storage of a handgun if the person
provides the department with a certificate from a licensed physician
whose primary practice is in the field of psychiatry stating that the psychiatric
disorder or condition is in remission and is not reasonably
likely to develop at a future time.
(g) Notwithstanding Subsection (a)(2), a person who is at least 18
years of age but not yet 21 years of age is eligible for a license to carry
a concealed handgun if the person:
(1) is a member or veteran of the United States armed forces, including
a member or veteran of the reserves or national guard;
(2) was discharged under honorable conditions, if discharged
from the United States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a) except
for the minimum age required by federal law to purchase a handgun.
(h) The issuance of a license to carry a concealed handgun to a
person eligible under Subsection (g) does not affect the person's ability
to purchase a handgun or ammunition under federal law.

sublevel wrote:So.... who does a better background check ATF, DPS, or the people that get called when buying guns?

I believe ATF and NICS only do database queries. The DPS background check uses fingerprints as well. In addition, DPS used to have a regional agent (director's designee) conduct a local check on CHL applicants, but I don't know if that's still the case. In an event, there are conditions that would disqualify a CHL applicant but have no effect on NICS nor on getting a C&R FFL.

Interesting bit of info there

I don't see anything I've done bad enough to NOT get my CHL, according to the rules

Just the places in my past I went to

I'm still open for people thoughts on here, but would calling the CHL number raise more flags then questions answered?

But from what I've posted, does anything "think" I would have an issue getting my CHL?

Based on what you wrote, I don't think you'll have any problems with CHL eligibility.

apostate wrote:Based on what you wrote, I don't think you'll have any problems with CHL eligibility.

But as apostate noted above, NICS and C&R FFL checks have only an indirect bearing on whether or not an individual will qualify for a Texas CHL. The answer to the question, "Who does the more rigorous background check?" is, nominally, CHL licensing. I'm uncertain, but because the C&R license is so limited in scope, I don't think the ATF uses anything but the federal NICS database on which to base licenses.

So using a C&R license--or the ability to purchase guns through an NICS check--as a "dry run" for CHL eligibility isn't valid. There are disqualifiers in CHL law--disqualifiers that deal with infractions at state and county levels--that never come into play for an NICS check or a C&R license.

Just adding my two cents so that others won't think that clearing NICS equals qualified for a CHL.

Good points made!

Skiprr wrote:So using a C&R license--or the ability to purchase guns through an NICS check--as a "dry run" for CHL eligibility isn't valid. There are disqualifiers in CHL law--disqualifiers that deal with infractions at state and county levels--that never come into play for an NICS check or a C&R license.

Just adding my two cents so that others won't think that clearing NICS equals qualified for a CHL.

I think delinquent (Texas) taxes or child support are still deal breakers for a CHL but won't affect NICS.

If you can't pass a NICS check that's a pretty good indication you can't get a CHL (see (a)(9) above)
but passing a NICS check doesn't necessarily mean someone is eligible for a Texas CHL.

I pay my taxes and the kiddo is with me and the lady so I'm good there

I honestly just figured the ATF would have been digging just as deep as Texas

Only thing I can do now is have faith and try, I'm not worried about the written or shooting portion

I haven't done anything wrong enough to stop me from getting it and unless they can get all medical history from when I was a kid, but even that "I would have thought" would stop me from legally buying firearms but didn't

How does the medical side of back ground checks work? I'd hate to be a victim of parents didn't want me and end up loosing my ability to have a CHL because of where I ended up

Thanks again