Convicted As Defined By Texas Concealed Handgun License Law
“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: expunged; or pardoned under the authority of state or federal official.
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 an offense under Title 5, Penal Code, or Chapter 29, Penal Code.
Current and pending criminal charges and Texas Concealed Handgun License Law
An applicant must not be currently charged with the commission of a Class A or Class B misdemeanor or an offense under Texas Penal Code, § 42.01(Disorderly Conduct), or of a felony under an information or indictment.
Active Warrants and applying for a Texas CHL License
An applicant must not have an active warrant for an arrest on a criminal charge.
Chemical Dependency and the Texas CHL License
An applicant must not have, during the preceding five years received treatment by, been committed to, or resided in any drug treatment program. “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.
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.
Sound judgment with respect to Texas Concealed Handgun Law
A person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if:
The person 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;
The person suffers from a psychiatric disorder or condition described by Paragraph (A) of this subdivision that: Is in remission but is reasonably likely to redevelop at a future time; or Requires continuous medical treatment to avoid redevelopment;
The person has been diagnosed by a licensed physician or declared by a court to be incompetent to manage the person’s own affairs; or The person has entered, in any criminal proceeding, a plea of not guilty by reason of insanity.
The following are evidence that a person has a psychiatric disorder or condition described by Subdivision (1)(A) of this subsection:
* Involuntary psychiatric hospitalization in the preceding five-year period;
* Psychiatric hospitalization in the preceding two-year period;
* Inpatient or residential substance abuse treatment in the preceding five-year period;
* 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
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:
* Schizophrenia or delusional disorder;
* Bipolar disorder;
* Chronic dementia, whether caused by illness, brain defect, or brain injury;
* Dissociative identity disorder;
* Intermittent explosive disorder; or
* Antisocial personality disorder.
Notwithstanding Subdivision (1), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subdivision (1) or listed in Subdivision (2) 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.
Definition of Criminal Offenses in relation to Concealed Handgun Qualifications in Texas
For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
A felony if the offense is so designated by law or if confinement for one year or more in a penitentiary is affixed to the offense as a possible punishment; and
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. “Convicted” means an adjudication of guilt or 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 which has been subsequently: Expunged; or Pardoned under the authority of a state or federal official;
PC §42.01 Disorderly Conduct
A person commits an offense if he intentionally or knowingly:
* Uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of peace;
* makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of peace;
* creates, by chemical means, a noxious and unreasonable odor in public places;
* abuses or threatens a person in a public place in an obviously offensive manner;
* makes unreasonable noise in a public place other than a sports shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
* fights with another in a public place;
* enters on the property of another and for a lewd or unlawful purpose looks into a dwelling on the property through any window or another opening in the dwelling;
* while on the premises of a hotel or comparable establishment, for a lewd or unlawful purpose looks into a guest room not his own through a window or other opening in the room;
* discharges a firearm in a public place other than a public road or a sports shooting range, as defined by Section 250.001, Local Government Code;
* displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
* discharges a firearm or other deadly weapon in a public place in a manner calculated to alarm;
* exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act.
It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct
For purposes of this section: an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or a peace officer that the noise is a public nuisance.
An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(9) or (a)(10), in which event is a Class B misdemeanor.
Qualifications to purchase a handgun in relation to Texas CHL Classes
A person is not qualified under federal and state law to purchase a handgun if he or she:
* Has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year;
* Is a fugitive from justice;
* Is an unlawful user of or addicted to any controlled substance;
* Has been adjudicated as a mental defective or has been committed to a mental institution;
* Is an illegal alien or unlawfully in the United States or an alien admitted to the united States under a nonimmigrant visa;
* Has been discharged from the Armed Forces under dishonorable conditions;
* Having been a citizen of the United States, has renounced his or her citizenship;
* Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or a child of such intimate partner.
Has been convicted of a misdemeanor crime of domestic violence and cannot lawfully receive, possess, ship, or transport a firearm;
A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm. Such a person may continue to lawfully possess firearms obtained prior to the indictment or information.
In addition, an applicant must not be ineligible to possess or transfer a weapon under Texas Penal Code §46.04 and Texas Penal Code §46.06.
Delinquent Child Support payments in relation to Texas CHL Class law
If you are unsure how to respond to this statement, please contact the Texas Attorney General (Toll-Free 1-800-252-8014). The Department in reviewing an application will consider a person to have been finally determined delinquent in making child support payments if the Texas Attorney General considers that person to be finally determined to be delinquent in making child support payments.
Delinquent Tax payments in relation to Texas CHL Law
If you are unsure how to respond to this statement, please contact the Texas Comptroller, Texas State Treasurer, or tax collector of any agency or political subdivision of this state to which you may owe taxes or other monies. The Department in reviewing an application will consider a person to have been finally determined to be delinquent in the payment of taxes or other money collected by the Texas Comptroller, Texas State Treasure, or local tax collector of any agency or political subdivision of this state if the aforementioned authorities consider that person to have been finally determined to be delinquent.
Where to obtain a CHL 100 Form / Certificate of Completion CHL100
Your application for a Texas Concealed Handgun License will not be complete until you obtain a handgun proficiency certificate by completing a course of instruction taught by a qualified Handgun Instructor certified by the Texas Department of Public Safety.
Minimum Age to qualify for Texas CHL
An applicant must be 21 years of age to submit an application for a Texas Concealed Handgun License OR must be at least 18 years of age if the applicant:
* is a member or veteran of the United States armed forces, including a member or veteran of the reserves or national guard;
* was discharged under honorable conditions if discharged from the United States armed forces, reserves, or national guard.
Residence Address Definition
Texas Administrative Code, Title 37, Chapter 6, Sub-Chapter A, Section 6.1 Definitions, (20) states:
Residence – Domicile; that is, one’s home and a fixed place of habitation to which he intends to return to after any temporary absence. The term “residence” has the meaning assigned in §15.25 of this title (relating to Address).
Mailing Address Definition
That place where an applicant receives mail, i.e. Post Office Box. The mailing address of an applicant could be the same as his/her residence address.