Getting my wife her CHL in Texas


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Country_Soldier
March 6, 2014, 04:19 AM
I have done all the research that I can on the subjust and have gone as far as to send a message to TXDPS, but I don't know how long it will be before I get a response.

Here is the situation, I have finally convinced my wife to get her Texas CHL, but she has a federal record. What came of that without going into to much detail, I am with the US Army and was deployed at the time that this happened (around July or August 2006 time frame). She was charged with DUI, the only reason why it went federal was because the incident happened on Fort Knox, Kentucky. She spent two days in prison (she went in Friday morning, and was released Sunday evening), and since then she has not had any further incidents, not even a parking ticket.

My main question, is she still eligible to receive a Texas CHL? Went through and read the requirements for Kentucky (where we are originally from), and according to the website she would be eligable, so why wouldn't she be eligable in the state of Texas?

Anything that anyone can think of to help me out would be great, like I said, I've already fired off a message to TXDPS, just have to wait for them to get back to me. Thanks THR

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Double Naught Spy
March 6, 2014, 07:22 AM
Google and TxDPS website are your friend...
http://www.dps.texas.gov/RSD/CHL/faqs/index.htm

She has to put this information on her application.

Country_Soldier
March 6, 2014, 07:46 AM
Looked at the site sent by Double Naight Spy, and a link from zenshootist (thank you both for the replies), and in the link it says that she could not have been convicted of a felony. If you look at it the only thing that made her DUI federal was the fact that it happened on Fort Knox, that what I don't understand, the wait period for some of this stuff good (happened 8 years ago), but the only thing that made it so bad was because of where it happened. I don't know, maybe I'm looking at it wrong. This will sound kind of dumb, but is there such a thing as a federal misdemeanor? As far as I can tell federal = felony.

Like I said before, trying to find out if she is even eligable for permit, no sense in paying all that money to put her through the class if she is going to be denied the permit.

Bexar
March 6, 2014, 08:37 AM
I'm not a lawyer so everything I say is as a lay person and could be incorrect; especially, how it was treated in her particular case. This is what I found: Again...with caveats...Civilians arrested on a Federal military installation by Federal Code are covered under the Assimilated Crime Act and she if she was a civilian would be subject to state laws. However, she could be charged with a Class B misdemeanor in Federal court.


So it should depend on what she would have been convicted under Kentucky laws with a Federal Class B misdemeanor kicker.

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00667.htm

almostfree
March 6, 2014, 11:53 AM
I have a friend who was convicted of a federal DUI on a military base while serving in the Army, for which he served a few days in a federal prison. He applied for and received a Texas CHL several years after getting out of the Army. I understand that this is a different situation, since he was in the military at the time, but apparently his federal DUI was treated as misdemeanor. If it is a misdemeanor, then Texas law requires you to wait five years from the date of conviction before receiving the CHL.

medalguy
March 6, 2014, 04:00 PM
The fact that she appeared in federal court is a function of where the offense took place: federal property. Many years ago I was speeding along the Natchez Trace, a National Park property. I had to appear before a federal magistrate and pay a $35 fine. It was certainly not a felony offense.

Country_Soldier
March 7, 2014, 12:52 AM
Well, the conviction happened 8 years ago, so the 5 year wait period is covered, I wanna say that they called it a misdemeanor, and yes she was a civilian at the time it happened. Sounds like she may be able to get her permit.

I'm a huge advocate of conceal carrying firearms, got three other soldiers here in my unit going to get theirs when we get back, and after years of talking to my wife (and telling her that I would buy her any handgun she wanted (as long as she could conceal it)) I have finally convinced her to start carrying. If anything its for after work when she going back to the car or anything like that, at least she got a way to defend herself, or herself and the kids if I'm not around.

N003k
March 7, 2014, 03:31 AM
If your worry was that it was a felony, unless you have something that specifically says it was, I wouldn't. There are PLENTY of Federal Misdemeanors, here's a lovely PDF chart of them actually- http://www.ussc.gov/Education_and_Training/Annual_National_Training_Seminar/2012/4_Table_Federal_Misdemeanors.pdf 19 pages long, all federal misdemeanors. And I'm not sure if that's even comprehensive, or just unique to the federal government level misdemeanors.

km101
March 7, 2014, 05:14 PM
Here are the eligibility requirements from the TXDPS website. DUI would be the equivalent of a Class B misdemeanor (if 1st offense) here in Texas. Item # 8 is the requirement that you are asking about.

If she is: A. active duty military or B. a Veteran there are special rates for CHL. Check the qualifications before applying for her or yourself.

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:
(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

Country_Soldier
March 10, 2014, 02:06 AM
I want to thank everyone for all your help. Sounds like she will have no problem getting her permit. Me and her have talked it over, and she is going to sign up for class when I get home. Now for the other hard part, told her that I would buy her any handgun she wants as long as she can conceal it, watch, she gonna want the $1000 Boberg deal or something. But I am a man of my word, whatever she decides to get, I will get it for her.

Again, thank you everyone for all the information, as always, THR has been here to help me out.

Red Wind
March 10, 2014, 11:10 AM
^Good luck to your wife. I think she is going to get her Texas CHL. And her new gun from you! :cool:

Art Eatman
March 10, 2014, 12:22 PM
Decision made. :)

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