Saturday, August 2nd, 2014

Texas Concealed Handgun License Frequently Asked Questions FAQs

For up to date Texas CHL FAQs visit the official state website at:

http://www.txdps.state.tx.us/administration/crime_records/chl/chlfaqs.htm

To learn about:

  • Class Related CHL Questions
  • Application Process and Fees
  • Special Conditions
  • Updating Your License Information
  • Reciprocity – Use your CHL in other states
  • Eligibility Requirements
  • Disqualifying Factors – Felonies, misdemeanour, etc…
  • Training Requirements For Students and Instructors
  • Do’s & Don’ts of Carrying a Concealed Weapon
  • Suspensions/Revocations of Your CHL
  • Instructor
  • Miscellaneous

Class Related CHL Questions

Q: How do I apply for a License?

A: You may apply online at http://www.texas.gov/txapp/txdps/chl/ OR print, fill out and mail in the appropriate forms under “Downloadable Forms” in the left-hand navigation bar of the CHL website.

Q: How long is the license valid?

A: Initial licenses are valid for (4) year terms. Renewal licenses are valid for (5) years. The license will remain valid as long as you continue to meet all the eligibility criteria.

Q: What is the cost of the class?

$79.00 – CHL Class
$ 75.00 – Basic Pistol Class

The fee includes:

  • Approximately 6-hours of classroom and range instruction (State of Texas requires 4-6 hours)
  • Notification of CHL course completion (CHL-100 Form)
  • Range fee
  • Review of documents

Q: Where can I get electronic fingerprinting?

A: Effective March 1, 2011 all fingerprints must be submitted through Electronic Fingerprint Submission using L-1 Enrollment Services. Log on to http://www.l1enrollment.com to find a location near you.

Q: Is the fee associated with collecting fingerprints part of the $140.00 CHL application fee?

A: No. Fingerprint collection fees are separate from the $140.00 original application fee and are not paid to TXDPS. The fingerprint fee is $9.95 and must be paid to the State’s designated fingerprint collection vendor; L-1 Enrollment Services (L-1).

Q: Why do I have to wait to schedule my L-1 electronic fingerprints, until TXDPS acknowledges that my application has been entered into their computer system?

A: The application information must be in the CHL database, prior to L-1 scheduling, to allow all the information and responses to match up properly.

Q: I am renewing my CHL. Do I have to submit fingerprints and passport photos?

A: No. CHL renewal applicants are no longer required to submit new fingerprints or photos as part of their renewal application. CHL will utilize the fingerprints on file and previously submitted photos.

Q: What do I need to bring to class?

A: You will need…

  • Your semi-automatic handgun (all handguns will be inspected by instructor) in .32 caliber or larger (i.e. .380ACP, 40S&W, 45ACP)
  • 50 rounds of ammunition
  • One magazine
  • Your confirmation email, which includes your checklist
  • If you have not received your confirmation email in time for the class, DO NOT PANIC. The class can be taken without the checklist.

Q: What time does the class start?

A: Depending on class location and course will depend on class start time. Look at your invoice for class date and time or review our homepage.

Q: Where is the CHL course held?

A: In Lake Jackson the class room portion will be held at: Varm’s Card Shop – 422 Plantation Dr., Lake Jackson, Texas 77566 – Corner of Dixie Dr. and Plantation Dr. next to HEB

A: In Alvin the class and range time will be held at: Big Kountry Indoor Range – 1204 FM 1462 Rd, Alvin, Texas 77511 – Next to Tractor Supply

Q: What should I expect?

A: An interesting and informative day!

Application Questions

1. How do I get a concealed handgun license application?

You may apply online at http://www.texas.gov/txapp/txdps/chl/ OR print, fill out and mail in the appropriate forms under Downloadable Forms in the left-hand navigation bar of the CHL Website. Additionally, some instructors may provide the required forms for students.

2. Once I submit my application, when should I expect to receive my license?

The Department will make every effort to issue your license within 60 days of receiving the completed application packet, or inform you that you did not meet the eligibility criteria. Once your application is complete, processing may take up to 180 days if your background check reveals potentially disqualifying events or information.

3. I sent in my completed application packet, but received a letter from the Department asking for more information on an arrest from 20 years ago. How does this affect the time required to process my application?

This letter requesting more information or documents extends the time line for completing or issuing your license. The Department has an additional 180 days to complete the review process if additional information is required from the application.  In order to ensure your license is issued promptly, it is very important for you to provide the requested information for review.

4. I have checked my application online and it says, “processing”. I have received this message for the last few weeks, what does this mean?

This just means that your application has been received and processing has begun. This includes submission of your fingerprints to the FBI for a background check as well as conducting a fingerprint background check in Texas.

If information obtained indicates you may have a disqualifying offense, you will be  sent a request for additional information  You will have 90 days to provide the requested documentation. If we do not receive the documents as requested, your application will be terminated as incomplete.

5. I submitted fingerprint cards with my original application. Now I am trying to renew and have received a letter stating I have to be fingerprinted again. Why?

The Department makes every effort to use existing fingerprints on file for renewal applications.  However, sometimes the quality of those prints originally submitted no longer meets the State or FBI standards.  It is important for the Department to receive the highest quality of prints.  In order to ensure these standards are met; the Department now requires all fingerprints for CHL applicants be collected by the State’s designated fingerprint collection entity, L-1 Enrollment Services (L-1).  Visit their web site at www.L1enrollment.com to schedule an appointment.

6. Can I get my money back if my application is not approved?

Sorry, fees are non-refundable.

7. How long will my license be valid?

Initial licenses are valid for four year terms. Renewal licenses are valid for five years. The license will remain valid as long as you continue to meet all the eligibility criteria.

Special Conditions

8. What type of information do I need to supply, if I am applying under a special condition?

Active military personnel, including active reservists, need to provide a copy of your military identification and your most current leave earnings statement.

Retired military personnel or veterans need to provide a copy of your retired military credentials and a copy of your DD-214 that shows the type of discharge you received.

Out-of-state residents need to provide a color copy, front and back, of your state issued identification or driver license.

District Attorneys, County Attorneys, or Judges, need to provide a copy of your letterhead or your District Attorney or County Attorney identification documents.

Full-time Texas Peace Officers, need to provide a letter from your department head with all the information required under §411.1991, Texas Government Code.

Retired Texas Peace Officers or Federal Peace Officers, need to provide a copy of your retirement credentials and a letter from your retirement agency with all the information required under §411.199, Texas Government Code.

Indigent individuals need to provide, a copy of your last IRS return.

Updating Information

9. Will changing or updating the address on my driver license update or change the address on my concealed handgun license?

No. Updating the address on your driver license does not update or change the address on your concealed handgun license. You must update or change your address with the Concealed Handgun Licensing Bureau. You may change your address online at www.txdps.state.tx.us or you may download a Request for Duplicate Concealed Handgun License and Change of Name or Address form, under the downloadable forms link on the Concealed Handgun License (CHL) website. You may also send a letter including your full name, CHL number, old address and new address and a cashier’s check, money order or personal check for $25 to the Texas Department of Public Safety, Concealed Handgun Licensing Bureau, P.O. Box 15888, Austin, Texas, 78761-5888.

10. If I am a college student and attend school out of state, do I have to turn in my license to DPS or change my home address?

No. If you are merely attending a university in another state, you may keep your permanent address on your concealed handgun license.  If after you graduate from the university, you move out of your parent’s home, then follow the procedure for requesting a duplicate license with the address change including paying the appropriate fee. You may change your address online at www.txdps.state.tx.us or you may download a Request for Duplicate Concealed Handgun License and Change of Name or Address form, under the downloadable forms link on the CHL website.  You may also send a letter including your full name, CHL number, old address and new address and a cashier’s check, money order or personal check for $25 to the Texas Department of Public Safety, Concealed Handgun Licensing Bureau, P.O. Box 15888, Austin, Texas, 78761-5888.

Reciprocity Questions

11. Where can I find out if my license from my home state is recognized in Texas?

You may check to see if your Concealed Handgun License is recognized, in Texas, by checking the DPS Website under CHL Agreements With Other States. All licenses that are recognized or honored by Texas are listed either as reciprocal or unilateral proclamation.

12. Why does Texas recognize some states’ licenses that do not recognize a Texas license?

Under the statute, Texas may recognize another state’s license if their license meets minimal criteria for recognition. The attorney general will evaluate each state’s handgun licensing program to determine whether statutory reciprocity requirements are met. This recognition follows evaluation of the other states licensing statute to see if their law satisfies that minimum criteria. Upon recommendation of the attorney general, the governor will issue a proclamation or sign a reciprocity agreement recognizing a concealed handgun license issued by another state.

13. If I am licensed in Texas, can I carry my concealed handgun in another state?

Your Texas concealed handgun license doesn’t allow you to carry a handgun in another state, unless that state recognizes Texas licenses. Contact the state you will be entering to find out if it recognizes Texas concealed handgun licenses.

14. If I have a Texas concealed handgun license and I am traveling to another state that we have a reciprocal agreement with, what are my responsibilities?

If you are in another state that has reciprocity with Texas you must follow that state’s laws for carrying a concealed handgun. The same responsibility applies to anyone from that other state when traveling in Texas; they must follow the Texas laws for carrying a concealed handgun. Most states will have a website for their concealed carry licenses or permits that will update you on their laws. Alternatively, you may call the other state and ask what their laws are for carrying a concealed handgun while in that state.

Eligibility Questions

15. If I am a legal resident alien, can I get a license?

Under federal law, aliens who have been admitted to the U.S. under a non-immigrant visa, usually are not qualified to purchase a handgun and therefore, do not qualify for a license. However, as long as you were not admitted under a non-immigrant visa and are a legal resident of Texas, you may qualify.

16. If I am in the military and was just transferred here, can I get a concealed handgun license?

Military personnel now stationed in Texas, just like civilians, may obtain a concealed handgun license as soon as they arrive. It is no longer required that the individual reside in Texas for six months prior to applying.

17. If I am only 20 years old, can I take the proficiency class and still get a license when I turn 21?

No. It is best not to take the course more than six months before your 21st birthday so that your proficiency certificate is current. Your application may not be turned in to the DPS until your 21st birthday.

18. Can an affidavit from my application packet be notarized in a county other than the one where I live?

Yes. DPS will accept affidavits as long as they are notarized in Texas. Applicants who qualify for non-resident licenses may have their packets notarized in their state of residence.

19. What are the requirements for obtaining a license?

The Concealed Handgun Law sets out the eligibility criteria that must be met. For example, you must be qualified to purchase a handgun under all state and federal laws. A number of factors may make you ineligible to obtain a license, such as: felony convictions and some misdemeanor convictions, including charges that resulted in probation or deferred adjudication; pending criminal charges; chemical or alcohol dependency; certain types of psychological diagnoses protective or restraining orders, and defaults on state or city taxes, governmental fees, or child support.

You will also need to submit a completed application, including all the required supplemental forms and materials. These include: two recent color passport photos; electronic fingerprints submitted using L-1 Enrollment Services (L-1); a copy of your Texas driver license or identification card, and proof of class completion, as well as shooting proficiency.

After receiving completed application packets, the DPS will conduct extensive background checks of juvenile records for the previous 10 years and all adult records.

20. What if my fingerprints are rejected by the FBI?

If the FBI determines that the fingerprints submitted with the application do not meet quality standards, new fingerprints will be needed.  L-1 Enrollment Services will be notified and they will contact the applicant.

21. How much will fingerprinting cost?

The charge for electronic fingerprints at L1 Identity Solutions is $9.95.

Disqualifying Factors

22. If I spent time in a psychiatric care facility in the 1980s, will I be eligible for a license?

Past psychiatric treatment does not necessarily make you ineligible. Eligibility for a concealed handgun license depends on whether or not your hospitalization in the psychiatric facility was a result of a court order, a board commitment, or a determination that you lacked the mental capacity to contract or manage your own affairs. If you voluntarily entered into the facility for treatment you may be eligible. Court ordered commitment for psychiatric treatment or court order outpatient treatment will make you ineligible since you have been legally adjudicated as a mental defective under the Gun Control Act 18 USC §922(g)(4). Eligibility will also depend on whether or not you were granted a relief of disabilities under the NICS Improvement Amendment Act. If you have spent time in a psychiatric care facility, you should attach a letter to your application from a licensed psychiatrist stating that your “condition is in remission and is not reasonably likely to develop at a future time,” as stated in the concealed handgun law. Please note, that you are required to list all psychiatric treatment or diagnoses on your application.

23. Who makes the determination that a person is not capable of exercising sound judgment with respect to the proper use and storage of a handgun?

Any application that indicates past mental health issues will be referred to the Medical Advisory Board (MAB) to make a determination on the applicant’s ability to exercise sound judgment with respect to the proper use and storage of a handgun. MAB will contact you so that you to request any necessary information. MAB will then make a determination based upon all documents submitted plus your own doctor’s statement. The Department will generally follow the majority opinion of MAB. If the Department denies an application or revokes a license based on a MAB determination, then the applicant or licensee can request a hearing on the Department’s actions. That hearing will be held at the justice of the peace court in the precinct in which the applicant or licensee resides.

24. I know someone who I feel has a psychological problem and is unfit to carry any kind of firearm. He/she has applied for a license. Who should I speak to about my concerns?

You may send a signed, notarized letter to DPS, and officers will investigate the allegation.

25. If I was convicted of DWI two years ago, can I still get a concealed handgun license?

No. DWI is classified as at least a Class B misdemeanor, and you are ineligible for a license for five years after a conviction for a Class A or Class B misdemeanor or disorderly conduct. This includes cases that were dismissed after you completed probation or deferred adjudication. If you have been convicted of two or more alcohol or drug-related offenses within the last 10 years, you may not be eligible.

26. I was arrested 4 years ago for unlawfully carrying a weapon (UCW) and the judge gave me deferred adjudication. Is this considered a convic¬tion even though the charges eventually were dismissed?

Yes. The concealed handgun law states that deferred adjudication will be treated as a conviction.

27. If a judge ruled that I was delinquent on my child support in 1992, but I have since worked out an arrangement with the Attorney General’s office to pay off the debt, can I get a license?

Possibly. The Attorney General’s Office notifies the Department of anyone who is delinquent in their child support obligation. It will depend on whether the person has entered into a payment plan for repayment of the delinquent child support. If the person is making the payments in accordance with the terms of that repayment plan and is in compliance with the current child support obligation, the person will be eligible for a license.

28. I was found to have defaulted on the repayment of a student loan under Chapter 57, Texas Education Code, am I disqualified from obtaining a concealed handgun license?

No, effective September 1, 2009, delinquency on student loans has been removed as a disqualification under the eligibility criteria.

29. If I was arrested for a crime but the charges were dismissed, will my application be rejected?

No. Dismissals will not be grounds for denial, as long as you were not placed on probation or deferred adjudication prior to the dismissal.

30. Do you have to meet all of the federal Brady Law requirements to get a license in Texas?

Yes. Texas law requires you to meet all state and federal laws regarding handgun possession.

31. Should I list all arrests on my application, even if the cases were dismissed or I was found not guilty?

Yes. If your criminal history background check indicates an arrest but does not reveal a final disposition, DPS might have to check local records which is time consuming and could significantly delay your application. Always indicate the year, the offense, the location, the outcome and preferably the level of the offense, such as felony, Class B misdemeanor, etc. Attaching copies of the dispositions will help DPS process your application more quickly. Include information on cases that resulted in probation or deferred adjudication.

32. I was convicted of a felony offense 20 years ago. The court sentenced me to 3 years confinement in the Texas Department of Criminal Justice Institutional Division, but then suspended that judgment of confinement and put me on 5 years probation. I was able to get off probation early and the judge entered an order setting aside my conviction, dismissing the indictment against me and allowing me to withdraw my plea of guilty and then released me from all penalties and disabilities. Am I eligible for a concealed handgun license?

Yes. You may be eligible for a concealed handgun license as long as you have a discharge from probation that accurately reflects that the judge entered an order setting aside your conviction, dismissed the indictment against you and allowed you to withdraw your plea of guilty, and then released you from all penalties and disabilities. The definition of “convicted” was changed effective September 1, 2009, to allow those individuals who have had all their rights restored to obtain a concealed handgun license.

We must caution you that you must have had all core rights restored. If there is any language limiting your ability to own or purchase a firearm, then you may not be eligible.

33. I was placed on deferred adjudication more than 10 years ago for Burglary of a Habitation, am I eligible for a concealed handgun license?

No. Effective September 1, 2009, Burglary of a Habitation under Section 30.02, Texas Penal Code is now an offense that is permanently disqualifying under §411.1711, Texas Government Code. Even if you received deferred adjudication for Burglary of a Habitation, you are permanently ineligible to obtain a license to carry a concealed handgun in Texas.

34. I tried to buy a gun in preparation for going to take my concealed handgun course so that I could get my concealed handgun license, but my purchase was denied. I contacted FBI/NICS to find out why I was denied. I even appealed their ruling but was still found to be denied. They said it was due to a misdemeanor crime of domestic violence that they said was from my 1994 Class C ticket for Assault by Contact on my wife. The court documents did not say anything about domestic violence. Will this really disqualify me from obtaining my handgun license?

Yes. If the FBI/NICS has finally determined that you are not eligible to purchase a firearm, then you will be disqualified from obtaining a concealed handgun license since you must be qualified under all federal and state laws to purchase or possess a firearm.

CHL Training Requirements

35. I have heard that I will have to take a special class to get a license. Is this true?

Yes. You must take a 10- to 15-hour class, taught by a DPS-certified instructor to obtain your original concealed handgun license.

36. My license is about to expire, do I have to sit through that 10 hour class again?

No. As long as your license has not been expired for more than 1 year, you need only complete a 4- to 6-hour class for your first and second renewal.

37. My license is about to expire and I heard that I don’t have to take a renewal course; is this true?

In certain circumstances, a person may be exempt from taking a renewal course. If you have been continuously licensed for three (3) renewal periods, you may contact the Concealed Handgun Licensing Bureau to see if you are exempt from attending a renewal course.

However, if you are exempt from a renewal course, the next time your license is up for renewal you would be required to take a renewal course.

The law change was designed to allow those long time license holders to only need to take the class every ten years. But it is important to remember that you are still responsible for keeping current with any changes in the law.

38. How can I find out if someone is a Texas Certified Handgun Instructor?

The department cannot release information about any instructor or applicant. However, the CHL Instructor List found on the DPS website, is a list of Certified Instructors that have given the Department permission to post their contact information for the public. See GC §411.192

39. Can I take the handgun training class at the DPS?

No. The DPS only provides training for instructors.

40. How much do the training classes cost?

The fee for DPS firearm instructor training is $100. The DPS has no control over how much instructors charge the general public for classes.

41. What if I take a class from an instructor whose certificate was revoked. Is my proficiency certificate still good?

Yes. If you took the class before the instructor’s certificate was revoked, then your proficiency certificate should still be valid.

42. Will I need to have a gun before I begin my training class?

Some instructors may require you to use your own gun during the firing range portion of instruction and testing. However, others may provide guns for you to use. The concealed handgun license issued by DPS is not associated with a specific gun. However, the license is specific to the type of gun action, semi-automatic or non-semi-automatic.

43. Are police officers, retired police officers, judicial officers, ex-DPS or retired DPS officers required to take the handgun course for profi¬ciency certification, or are they exempt?

Retired law enforcement officers are exempt from taking the handgun proficiency course. However, they must demonstrate weapons proficiency annually through a law enforcement agency. Active, commissioned peace officers also are exempt from taking the proficiency course. State and federal judicial officers must take an abbreviated course covering handgun proficiency and safe storage.

44. If a student does not pass the DPS-certified course, must the instructor return the applicant’s money?

The DPS cannot require the money to be returned.

45. Will all classroom tests be in English only?

The law does not require classes to be offered in any language other than English. However, classes may be offered in other languages as long as instructors teach key English phrases such as “I have a handgun” and “May I see your concealed handgun license?”

Do’s and Don’ts of Carrying a Concealed Weapon

46. Can I start carrying a concealed handgun as soon as I receive my license in the mail?

Yes.

47. My concealed handgun license has expired, and my renewal application is in process. Can I carry a concealed handgun while I am waiting to receive my new license?

No. You must have a valid license in your possession to carry a concealed handgun on or about your person outside the confines of your home or vehicle. However, the exception to this answer is the concealed handgun may be carried in your vehicle as long as you comply with the requirements of Section 46.02, Texas Penal Code.

48. What does concealed mean? Can I carry my handgun in plain view?

No. The weapon can’t be visible, and its presence can’t be discernible through ordinary observation.

49. What happens if I am caught carrying my handgun in plain view? Or what happens if my handgun is visible?

If a concealed handgun licensee is caught carrying a handgun in plain view or if his/her handgun is visible then he/she is subject to criminal charges. Specifically, he/she would be subject to prosecution for the Class A misdemeanor, Unlawfully Carrying of a Concealed Weapon by a License Holder, Sect. 46.035(a), Penal Code.

50. Where can I not take my handgun?

Handguns and other weapons cannot be carried at schools or on school buses, at polling places, in courts and court offices, at race¬tracks, at secured airport areas, or within 1,000 feet of the premises of a facility carrying out an execution on the day of an execution. The law also specifically prohibits handguns from businesses where alcohol is sold, if more than half of their revenue is from the sale of alcohol for on-premises consumption. Additionally, weapons are prohibited on locations where high school, college or professional sporting events are taking place. Furthermore, you may not carry handguns in hospitals or nursing homes, amusement parks, places of worship or at government meetings, if signs are posted prohibiting them. Businesses also may post signs prohibiting handguns on their premises based on criminal trespass laws.

51. Can I carry a handgun when I am drinking?

According to the Texas Penal Code, it is unlawful for an individual who is intoxicated to carry a handgun. It is important to note that the Penal Code defines “intoxicated” as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance in the body. Additionally, the Penal Code considers having an alcohol concentration of 0.08 or higher to constitute intoxication.

52. Do police officers have the right to disarm me?

Yes. A police officer may disarm an individual anytime an officer feels a safety risk exists.

53. Do private property owners have the right to exclude license holders from their property?

Yes. Private property owners may give notice excluding license holders from carrying concealed handguns on their property.

54. If I do not want guns in my business, what type of signs should I post?

If you want to prohibit license holders from carrying concealed handguns on your property, state law requires you to post a sign that says: “Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun.” The sign must be written in both English and Spanish in contrasting colors with block letters at least one inch in height, and must be displayed in a conspicuous manner clearly visible to the public.

55. If I drive to a shopping mall that does not permit handguns, will I be allowed to park in the parking lot and leave my gun in the car?

Yes. Handguns may be left in cars in parking lots that do not have signs described above posted.

56. Can I carry a handgun in my personal vehicle without a permit?

Yes. Section 46.02, Texas Penal Code was amended to allow a person to carry a handgun in a motor vehicle that is owned by the person or under his/her control. The weapon must not be in plain view, and the person must not be engaged in criminal activity other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic. Finally, a person carrying a handgun in his/her car must not be prohibited by law from possessing a firearm and the person cannot be a member of a criminal street gang as defined in Section 71.01.

57. Can I carry my handgun to a shooting range without a license?

Yes. You may carry a handgun in your car, as long as you comply with Section 46.02, Texas Penal Code.

58. If my handgun is on the seat beside me, am I still considered to be “carrying?”

Yes. The statute refers to carrying a gun “on or about” your person. Texas courts generally have considered this to include any gun within your reach, including one stored in your glove compartment.

59. If I am not carrying my handgun, must I still carry my license?

No. Under the concealed handgun law, you are only required to have your license with you whenever you are carrying a handgun.

60. What type of gun will I be able to carry?

You may carry any type of legal, concealed handgun you are quali¬fied to use. If you wish to carry a semi-automatic weapon, you must complete your firing range test with a semi-automatic. If you do not wish to carry a semi-automatic, you may test with a revolver. You must demonstrate proficiency with a handgun of .32 calibers or above to qualify for a concealed handgun license.

61. I own a 9mm short, also called a .380. Will my gun be considered a semi-automatic?

Yes.

62. What type of ammunition can I use during my training class?

Your certified instructor may select any safe ammunition for use in the training program, but most factory loads should be acceptable.

63. If licensed, can I carry more than one handgun?

Yes. The law does not limit the number of guns you may carry.

64. I have a friend that had his license suspended for ninety (90) days for failing to display his license when a peace officer asked him for identification. What happens if the officer does not ask for the CHL, am I still required to display my handgun license to the officer if I am carrying a handgun? Will my license be suspended?

Yes. Pursuant to GC 411.205(a), you must still display your concealed handgun license if you are carrying a concealed handgun when asked for identification by a peace officer or magistrate. However, as of September 1, 2009 there is no longer a ninety (90) day suspension for failure to display your license.

CHL Suspensions/Revocations

65. I received a letter from the Department telling me my license was being suspended based on a pending Class B misdemeanor. How can this be happening, I thought you were innocent until proven guilty in this country?

Government Code §411.187 controls whether or not a license is to be suspended during the time period that a criminal case is pending. You must be able to meet all eligibility criteria at all relevant times during the period that your license is valid. You must also meet all eligibility criteria to renew your license. So if you have a pending charge and the department did not get your license suspended before it expired, your renewal application will be denied.

66. My handgun license was suspended due to a pending charge; does this mean that I am never eligible again?

Not necessarily. It depends on the type of charge and whether or not you are subsequently convicted or placed on probation. If you are acquitted of the pending charge, your license will be reinstated as long as it did not expire during the time of the suspension.

67. I was convicted of the charge that caused the suspension of my license, what happens to my license now?

Now your license is subject to revocation. The Department, upon notification of the conviction, will send a new letter informing you of the revocation based upon that conviction.

68. My license was revoked in 2007 because of a Class B misdemeanor conviction for DWI, when can I re-apply?

You will not be eligible to re-apply for a license until 2014. Under Government Code, § 411.171(a) (8), a person is not eligible for a concealed handgun license if he/she has a Class B or Class A conviction within 5 years preceding the date of application. . There is also the 2 year penalty for the revocation that is added to the disqualification time.

However, the Department does allow individuals to surrender their license in lieu of revocation, if the individual contacts us prior to the time that the Department mails the revocation letter. This saves the individual the 2 year penalty for revocation.

Instructor Questions

69. Do you have to be National Rifle Association (NRA) certified to become an instructor in Texas?

No. Anyone may apply. However, to become an instructor you must meet all the eligibility criteria under §411.172, Texas Government Code.

70. Can instructors teach anywhere in the state or only in a particular geographic area?

Instructors are certified to teach anywhere in Texas.

71. I am an instructor and I understand that I can teach anywhere in Texas, however, can I hold a class in another state?

No. All concealed handgun courses must be taught in Texas.

72. I have applied to become an instructor. When will I take the class?

In most cases, you will be notified of classes several weeks in advance. You will receive notification in the mail, along with a card that you should return indicating whether you will attend, or whether you are still interested in becoming an instructor. Some applicants may be contacted on shorter notice by phone if cancellations occur.

73. Can instructors use the DPS emblem on their website, advertisements or targets?

No. The DPS does not endorse any commercial enterprise, and law prohibits the unauthorized use of the DPS name or insignia.

74. What are the specifications for gun ranges? I have applied to take the instructor’s class, but meanwhile, I would like to start building/reno¬vating my range?

Each range must be designed for at least a 15-yard shooting distance, as required by law. Additionally, each range must comply with all state codes and local government codes and ordinances. In addition, the owner of an outdoor shooting range must comply with the insurance requirement under §756.045, Texas Health and Safety Code.

75. I want to open and register a shooting range for use during my concealed handgun courses, how do I register the range with the Department?

The Department no longer registers ranges and will not issue range numbers. All that is required is that the Department be made aware of the location of the range so that we may monitor the shooting portion of the concealed handgun license course.

76. What is the classroom and gun range curriculum for the school?

Instructor applicants will receive a lesson plan as a part of their DPS training.

77. Can I get a copy of the instructor certification test?

No.

78. What control does the DPS have over firearms instructors?

DPS certifies firearms instructors, and can review records and monitor classes to make sure firearms instructors are using the required curriculum. The Department can revoke an instructor’s certificate for failure to follow the requirements under Government Code Section 411.171 or for failure to follow the Department’s Administrative Rules. Additionally, an instructor’s certificate may be suspended if there are pending criminal charges, or revoked if the instructor is convicted of a disqualifying criminal offense.

79. I am an instructor and I just bought a packet of TR-100’s in the summer and I still have a portion of them left. I heard that the TR-100’s are no longer going to be accepted is this true?

Yes. Following an amendment to the Concealed Handgun Licensing Act in the 2009 Legislative Session, the Department will no longer sell TR-100’s to the instructors. You may, however, continue to use your current stock of TR-100’s. After September 1, 2009, the Department will disable the online link to order TR-100’s and offer the new and now acceptable CHL-100. There is no charge for the CHL-100 and you may download as many as you need for your class. The CHL-100’s will not be numbered the way that the TR-100’s were numbered.

Miscellaneous CHL Questions

80. Can others find out if I am licensed to carry a concealed handgun?

No. Information on individuals who are licensed to carry a concealed handgun is confidential and not subject to requests under the Public Information Act. However, the Department may release information about a concealed handgun licensee to criminal justice agencies.

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