TexasCHLforum.com

K.Mooneyham wrote:Let me start by saying I've never had a DUI/DWI. However, there are those who get one for downing a bunch of drinks and whipping their car down the road, fully a menace to society. Then there are those who had a couple too many, tried to sleep it off in the car, had the keys on them, and were arrested for having the ability to operate the vehicle, even though they didn't. I've known people who got busted for both. The former most likely presents a much greater hazard than the latter. Just an observation.

Very well stated. I can't say that I was trying to be as safe as the person who might just be parked, trying to sleep it off etc...I was driving under the influence. Period. I was guilty. I wasn't FEELING the effects of the alcohol altho I was over the legal limit. It's not like I was on a joy ride, blasting down the road, throwing beer bottles at police cars...

What a couple people were insinuating was that since I lost my CHL, I MUST have been doing something irresponsible involving my handgun. Apparently, it's just because they do not understand the way the law works. Had I been guilty of ANY Class B Misdemeanor (or anything worse), whether it involved a gun or not...they would have suspended my CHL.

Truth is...In my possession earlier that day was my Browning over and under 12ga., my AR and my Glock .40 cal. I purposely left them at the cabin when I left to go get something to eat. They definitely would've confiscated them all...THAT would've sucked BAD!!

Jusme wrote:

WTR wrote:I don't want anyone you has had the lack of judgement to have committed a felony or receive a DUI to process a firearm. How am I assured they won't have another moment when the can't behave responsibly?

I am not one to judge, and in my opinion, one DWI arrest, should not be a disqualifyer for a new CHL. The OP has evidently not committed the same offense for the past 5 years, and has paid his debt to society. He will continue to pay in higher insurance premiums, and a lower number of employment opportunities. I have no qualms with him getting a new CHL, and he simply asked about the process for doing so.

I don't know if I told yo already. But thank you for your "vote of confidence". As you said, I was only asking about the process...

Take Care.

ScottDLS wrote:

Dwhale5150 wrote:

ScottDLS wrote:

J.R.@A&M wrote:

ldj1002 wrote: If he does and decides to do something stupid with a gun he will do it with or without a CHL, so why keep him from getting it.

Because if anybody (not necessarily the OP) does something stupid with a CHL, it figuratively and literally (in the DPS convictions data) reflects badly on the rest of us.

Which is why we shouldn’t need a license to carry. If someone does something stupid and speeds you want them to lose their license to carry? How about watering their lawn on the wrong day? If you can get your drivers license back after a DWI in less than 5 years, what the heck does a LTC matter. Since almost everything in a felony these days and you probably commit several per day without knowing it, I don’t think any misdemeanor should bar gun ownership, carry, or purchase.

This was a Class B Misdemeanor. Not a felony.
I did not lose the ability (RIGHT) to own or purchase...(I've bought 3 guns in the five years since my offense) Only lost my CHL for 5 years.
I have a LOT of buddies who are cops (City of Hou, Harris County Sherriff Dpty., Constables and DPS...) and even confirmed with several of them (mainly my DPS buddy) that I was still legally allowed to carry my firearm in my vehicle...Just couldn't carry on my person for 5 years. Paid the price for a big screw up. Now I just want to get back to life as I knew it before my mistake.

I don’t think a lousy Class B should cause anyone to lose their LTC for 5 days much less 5 yrs. Most states don’t either...

Yeah, well...I knew that you couldn't have anything Class B or "worse" within 5 years of getting your CHL in the first place. But I was so new to legal problems, I had no idea that the DWI was a Class B. And I had NO IDEA that I had to send them my actual license BEFORE THEY DEMANDED IT...much less WHERE to send it until my DPS buddy told me about it!! So if I hafta wait another two years because I didn't send it to them before they asked for it...THAT REALLY SUCKS!
I don't remember being taught that in the class. But whatever...there's nothing I can do about it.

Take care man.

C-dub wrote:

Dwhale5150 wrote:

C-dub wrote:OP has one and only one post. Is it just me or does there seem to be more one posters with questions like this lately?

Hard to be MORE than a "one poster" when you're new to a forum...and at the time have only ONE question for a group of folks that you ASSUME to be like-minded. Where else can a guy start but with ONE post?

Without knowing your schedule it is difficult, but it seemed as though a "one poster' might be all you turned out to be. However, it appears we may have similar schedules and that is why you hadn't responded to anything sooner.

Regardless, some of us are a little bit skeptical/wary when someone posts a question similar to yours and then disappears or lurks just to see the responses and then reposts some of them to anti-gun sites usually attempting to make us look like kooks.

Maybe I was wrong this time.

I understand. Truth is though...when you're looking for answers and go to a forum that seems to be filled with the right people to ask and immediately you're hit with "Troll" comments and then worse were the other ignorant comments that aren't worth even repeating it makes for a pretty Un-friendly & Un-welcoming experience. All from people you THOUGHT were gonna be like minded and "on your team"!!

Maybe folks should hold their tongue (or typing fingers) and negative thoughts and opinions until there's a little more information.
But I get it...Open, public forum. There's always gonna be an DONKEY or two in the room!! LOL

allisji wrote:Also you'll be pleased to know that the first time you took the class it was likely an all-day type affair.

Now it will likely only set you back about a half a day.

Hmmm...Didn't know THAT! That's AWESOME news! You are right, but actually my first course was a two day (Saturday and Sunday) deal. A day and a half classroom and a half day at the range.

Thanks!! God Bless!!

LeonCarr wrote:OP I would get some legal advice from somebody licensed to practice law in The State Of Texas. Every situation is different.

Just my .02,
LeonCarr

Good idea. Kinda looks like I'll have to wait another 2 years. But you're right, I should get some professional advice before I settle with waiting another couple years to try to get it back. I still keep my handgun in my truck everywhere I go and my wife has her CHL and carries when we're out and about so I never really feel vulnerable.

Thanks for the comment. Take Care.

Doug.

TomV wrote:Best wishes on a good deer season this year. I already have one doe down this year and I'll be back out this weekend for what I call my tree stand therapy.

Right back at you TomV...Heading to the woods this weekend and again Thanksgiving weekend. Cousin was there last weekend and took a 10pt and wife took an 8pt. reported seeing 2 - 12's and another 10pt. Taking my boys up there to try our luck.

"Tree Stand Therapy" - I like that. Hope you don't mind if I borrow it. (I'll give you credit for it when used tho)

Take Care - Doug.

Liberty wrote:We were all first-time posters. All good people have done things in the past that they regret.

Correct. And thank you for saying so.

treadlightly wrote:Dwhale, based on everything being as presented, you sound worthy of a second chance. For full disclosure, that was not my first perspective, but it sounds like you may have had a lapse in judgement. Barely over the limit, no problems with guns, a suspension by side effect. You were over the civilized line, but it doesn't sound like an aggravated case justifying a lifelong scarlet letter. Sin no more. None of us are perfect.

Don't let us down.

By contrast, one of our school board members was out enjoying back roads and a little too much white lightning one evening about 2 AM. A concerned motorist called 911 about his erratic driving. At the next town, a friendly local cop saw him cut and run with a clumsy u-turn, stopped him, determined he was plastered, and added a gun charge for the handgun bouncing around on the passenger's seat. Not concealed, not in a belt or shoulder holster, just rattling around loose in a pickup with an alleged drunk.

Local rumor maintains he was still turning the air blue when he got out of the lockup the next morning, which somehow reminds me of Milton on the beach in the final scenes in Office Space. With just one letter, he could shut that whole jail down, I'm sure.

The story is probably over as he's resigned from the school board and is moving on.

That is someone I'd like to see at some distance from the demography of lawful armed citizenry. He ain't fit, bless his heart.

Good Morning...and thank you for your response. The part of your post that struck me was the "Don't Let Us Down" comment.

It was a legitimate mistake to leave the lease that night. But looking back, it's easy to see how I unknowingly set myself up for the whole thing. Total lack of planning...I should've been thinking about the fact that I was going to need to go to town for food. But it never crossed my mind. I just came back up to the cabin covered in sweat and grabbed a cold beer. I don't even drink alcohol on a regular basis much less do I normally drink alone, it just seemed like the thing to do. Hot and sweaty, at the deer lease, cold beer in the fridge...Then of course a few more cold ones while working around the cabin...then I got hungry.

I was pulled over, arrested, went to jail for the night, lost my driver's license for 30 days, & lost my CHL. But the VERY worst part of it all was that I had my wife of 25 years, 2 sons (10 & 12 years old at the time )...parents and friends disappointed in me...because I drove under the influence. If you've never experienced it yourself, Imagine being a 43 year old family man, forced to call your father to ask him to drive 4 hours on a Friday night to bail you out of jail...definitely NOT a proud moment for my Pops!! My wife said that my youngest son, not understanding the difference between going to prison and going to jail, cried, saying he didn't know if he'd ever get to see his daddy again. (poor kiddo, that broke my heart)

Not saying any of that in an attempt to get any sympathy from you guys. Just trying to explain my current mind-set on the situation I put myself in. I will NEVER be in a position like that again. Ever. Never again will I get behind the wheel after drinking. But NOT because I lost my stinkin' CHL for 5 years.

Take Care, Shoot Str8 and God Bless.

thenick_ttu wrote:

WTR wrote:I don't want anyone you has had the lack of judgement to have committed a felony or receive a DUI to process a firearm. How am I assured they won't have another moment when the can't behave responsibly?

Ah yes. I see you are taking a page right out of the anti-gunner's playbook. "I don't think you should have a gun. How do I know you aren't just going to snap one day and go on a murderous rampage?"

I assume OP has paid his debt to society and not had any similar problems with the law in the last 5 years. Just because of the possibility that he might do something irresponsible, he shouldn't be allowed to get his CHL back?

Thank you for your words...well stated and much appreciated. I am no life long criminal. I am a 48 year old man who made a mistake and went to jail for the first and ONLY time in my life at age 43. It is what it is. I can't change it no matter how much I wish I could. Besides, you can only imagine the hell that my wife of 25 years gave me for this colossal mistake...it was like when you get in trouble at school but you still hafta face your dad when you get home. "Mr.Jailer Sir...Could I just, Um...could I just stay here Sir"? LMBO!!!!

Take Care and God Bless.

RoyGBiv wrote:

Acronym Esq wrote:

BBYC wrote:I think it's five years for a misdemeanor plus an extra two years if they revoked it.

I can't find the 2 year addition provision. Cite?

Acronym 11/15/2017 12:55 PM

Revocation... If your license is "Revoked" (instead of "turned in voluntarily pending outcome"), it adds 2 years onto the wait period..

GC 411.186 Revocation. (emphasis mine)

(c) A license holder whose license is revoked for a reason listed in Subsections (a)(1)(5) may reapply as a new applicant for the issuance of a license under this subchapter after the second anniversary of the date of the revocation if the cause for revocation does not exist on the date of the second anniversary. If the cause for revocation exists on the date of the second anniversary after the date of revocation, the license holder may not apply for a new license until the cause for revocation no longer exists and has not existed for a period of two years.

I am not a lawyer... this si my OPINION, not legal advice...

My understanding is that if you commit a disqualifying crime you can turn in your license before your conviction is entered and avoid having it "Revoked" at the end of the criminal process. However, if the state goes through the trouble of having to revoke your LTC, you need to wait "until the cause for revocation no longer exists and has not existed for a period of two years", which means you need to wait 5 years after the DUI conviction PLUS two years.

Stated differently.... if the State has to revoke your license, the revocation itself is a 2 year disqualifier and is served consecutively to any other disqualifier (in this case 5 years for DUI plus 2 years for revocation, if revocation was needed).

Maybe I have this wrong... but this is my recollection.

Good luck OP.... Sounds like you paid your dues and I hope you get your license back.

That's good information man. Thank you for the input.

You've just made me remember how it all went down now. This was my "first rodeo" when it came to legal problems so I was really flying by the seat of my pants when it came to figuring out what I had to do. When I went to court for my DWI, my CHL was never brought up and I remember thinking, "Well, since I didn't have a weapon in my possession, maybe I don't lose my CHL". Then my DPS buddy broke the news to me that "the judge doesn't take your CHL the state does". I sent it in as my buddy told me to do however, within a week or so, I received a letter from the state telling me to send them my license. SO...I'm guessing that means they REVOKED it before I sent it in to them. My license and their letter to me passed in the mail.

Again, thanks for the input even tho it may be bad news LOL...maybe I'm waiting another 2 years!!!

WTR wrote:

Dwhale5150 wrote:

Dwhale5150 wrote:

flechero wrote:

WTR wrote:I don't want anyone you has had the lack of judgement to have committed a felony or receive a DUI to process a firearm. How am I assured they won't have another moment when the can't behave responsibly?

You are no more guaranteed that, than I am guaranteed you'll never screw up. Or anyone else here.

Funny post on this topic- was it voice text or alcohol?

WTR...You Sir...ARE A FRIGGIN' JOKE. Take Care and...don't make a mistake sir, you might not get a second chance!!!

Flechero - Thank you for your support. I made a mistake in judgement. I am not a habitual criminal. 43 years and NEVER a run in with the law.

Let's see. In only one instance that you admit to you drank and drove drunk( we all do it) and you sped while you had been drinking( I know,I know you were trapped,). Then to top it off, you are so mature you resort to name calling.

Dude, you posted one of the few ignorant responses that attacked me as a person...str8 out of the chute. You don't know me, you didn't know any of the circumstances that led to my arrest (which are none of your business anyway). You are no better than the liberals who feel that if THEY personally don't like something...then it just needs to be banned.

Basically what you said was "I don't know anything about this person or what he did but the guy made a mistake once...so he'll do it again, I don't trust him to behave responsibly as he apparently has a problem with a lack of good judgement. I on the other hand, have NEVER made a mistake or done anything that I regret...therefore, people like ME are the only one's who should be allowed the RIGHT to arm ourselves"

Now, of course...YOU have NEVER had a beer more than you should have but needed to get home and drove...right?? Of course not.

Bro...just get out of my face. You're just a self-righteous [abbreviated profanity deleted.] (There...some more name calling.) Adios Amigo.

BBYC wrote:I think it's five years for a misdemeanor plus an extra two years if they revoked it.

Thanks. I'm pretty sure the terminology used when I received the letter ordering me to send my license to the state was "Suspension" not "Revoked"...I hope!! Now you got me thinking I need to find that letter and make sure. But I understood it to be suspended for 5 years. I haven't found anything about the extra 2 years.

Appreciate your thoughts. take care.

Pawpaw wrote:

Dwhale5150 wrote:

Pawpaw wrote:You're going to have to completely start over. As an added attraction, you need to submit the final disposition for your offense.

The good news is that the price has gone down to $40.

Thank you for your response. I really can't believe some of the crap these guys have said.

So, do you know, is the "final disposition" something I have to get from the county courthouse? I don't even know what that is. (Guess that makes me stupid to some of these guys also...hahaha)

You would probably be amazed by some of the first-post questions we see. Some are so off the wall, they can only be some anti-gunner trying to see if they can trap "the gun nuts" into promoting something illegal. Your first post had just enough of that to not pass some members' "smell test". I just gave you the benefit of the doubt.

The "final disposition" would be the paperwork they might have given you showing you were deemed guilty. If they didn't give that to you then yes, you need to get a copy from the county courthouse where the event happened.

Good luck to you.

Thank you very much Sir.

C-dub wrote:OP has one and only one post. Is it just me or does there seem to be more one posters with questions like this lately?

Hard to be MORE than a "one poster" when you're new to a forum...and at the time have only ONE question for a group of folks that you ASSUME to be like-minded. Where else can a guy start but with ONE post?