TexasCHLforum.com

I realize there are many things that can cause you to loose your CHL. Are you necessarily going to be require to surrender your firearm permanently as well, or does that depend on the offense?

I read if for example you commit a class A mis. you have to wait 2+5 years before reapplying. Do they hold your weapon during that time to reclaim or is it long gone?

If you are required to turn in any firearms are you allowed to sell them instead of just giving them to the cops? If you can't do so after such a ruling could you sell or give them to a friend before your court date if you were certain such a ruling was eminent?

I think a felony is the only offense that would revoke your right to own a firearm. just cause you loose your CHL does not mean you cant own a firearm. i could be wrong...

9mmGuy wrote:I think a felony is the only offense that would revoke your right to own a firearm. just cause you loose your CHL does not mean you cant own a firearm.

That's correct, with the exception of a misdemeanor crime of violence, where the victim is an immediate family member. The infamous Lautenberg Bill created that unconstitutional travesty.

A CHL can be revoked for a variety of things, some of them not even crimes, which have no impact on legal gun ownership. The ability to legally own guns is only lost upon conviction for a felony (except securities fraud, which is exempt), or a misdemeanor crime of domestic violence, or upon being adjudicated "mentally defective".

There is another troubling category of misdemeanor disqualifier: being addicted to, or an unlawful user of, illegal drugs. No matter how you feel about the War On (Some) Drugs, you have to admit that there are millions of Americans who are solid citizens, productive, of all income levels, who enjoy an occasional puff of ditch weed. Some 12-steppers even call themselves "addicts" of hard drugs after decades of sobriety, but being "addicted to" an illegal drug is a federal disqualifier no matter how long you've been clean and straight. It would be a hard case to prove, but it's still technically illegal.

Sometimes the feds will play that trump card if someone decides that a certain person really needs to be locked up. Here's a current example:

http://www.katv.com/news/stories/1007/466562.html

if you loose something, tighten it up...

Something else to consider is if you were sure you are going to be convicted of either a class A or a class B misdemeanor you should send in your license to the DPS stating "I surrender my license in lieu of revocation". According to Sgt Star Riddle, (in a past class before she retired from the DPS CHL program), this would avoid the 2 year penalty. You would still have to wait for 5 years before reapplying as a new applicant, but would get your permit back in 5 years instead of 7.

-ss

can you loose your chl for conviction of OLD public intoxication ticket and a speeding ticket???? These happened few years before even applied for CHL. I was approved but wonder cause still need to pay and one has gone to warrant if i get some type of conviction on my record (it would be a misdemeonor not sure A B or C) if theyd pull my chl? any help is appreciated. Also...I owe child support BUT the ex hasnt gone after it but balance is getting high.

bushinaustin wrote:can you loose your chl for conviction of OLD public intoxication ticket and a speeding ticket???? These happened few years before even applied for CHL. I was approved but wonder cause still need to pay and one has gone to warrant if i get some type of conviction on my record (it would be a misdemeonor not sure A B or C) if theyd pull my chl? any help is appreciated. Also...I owe child support BUT the ex hasnt gone after it but balance is getting high.

Public intoxication and speeding are class C misdemeanors (unless committed at the same time, I'm sure), so you should be OK. Had you committed a class A or B, you'd be screwed because eligibility is based on the conviction, not the incident.
IANAL

atxgun wrote:If you are required to turn in any firearms are you allowed to sell them instead of just giving them to the cops? If you can't do so after such a ruling could you sell or give them to a friend before your court date if you were certain such a ruling was eminent?

I don't know why not. In bankruptcy or divorce, you can get in trouble if you "sell" your assets to a friend below market value, because you're fraudulently hiding assets. But as long as the firearms are not evidence in a crime, and you're not committing financial fraud, you should be able to dispose of your assets as you desire. Gift or sale. Gun or car or laptop computer.

Where in the law is the 2+5? I see it on the DPS FAQ but the law it references I can not find. Can someone else point it out for me.

grim-bob wrote:Where in the law is the 2+5? I see it on the DPS FAQ but the law it references I can not find. Can someone else point it out for me.

GC §411.186. REVOCATION:

...
(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.

So after 5 years, the disqualification for a class A or B misdemeanor ceases to exist, and two years later it "has not existed for a period of two years".

bushinaustin wrote:can you loose your chl for conviction of OLD public intoxication ticket and a speeding ticket???? These happened few years before even applied for CHL. I was approved but wonder cause still need to pay and one has gone to warrant if i get some type of conviction on my record (it would be a misdemeonor not sure A B or C) if theyd pull my chl? any help is appreciated. Also...I owe child support BUT the ex hasnt gone after it but balance is getting high.

Dude, if you have a warrant out on you, I'd leave the gun at home until it was taken care of. LEO is not going to be any to happy arresting you for a warrant while you are packing.
Unpaid tickets, warrants, back child support... chl would be the last thing on my mind. If I were in your shoes (thankfully I'm not) I would like to think I would have used that $250 I spent on my chl to take care of that ticket or better yet taking care of that back child support.
To be honest, I am having a hard time believing what I'm reading in this post. Was having a pretty good day before reading this. Now I'm a little ticked off.

jmra wrote:

bushinaustin wrote:can you loose your chl for conviction of OLD public intoxication ticket and a speeding ticket???? These happened few years before even applied for CHL. I was approved but wonder cause still need to pay and one has gone to warrant if i get some type of conviction on my record (it would be a misdemeonor not sure A B or C) if theyd pull my chl? any help is appreciated. Also...I owe child support BUT the ex hasnt gone after it but balance is getting high.

Dude, if you have a warrant out on you, I'd leave the gun at home until it was taken care of. LEO is not going to be any to happy arresting you for a warrant while you are packing.
Unpaid tickets, warrants, back child support... chl would be the last thing on my mind. If I were in your shoes (thankfully I'm not) I would like to think I would have used that $250 I spent on my chl to take care of that ticket or better yet taking care of that back child support.
To be honest, I am having a hard time believing what I'm reading in this post. Was having a pretty good day before reading this. Now I'm a little ticked off.

Get the child support and the old tickets/warrants taken care of. A man who makes a child then won't support it isn't much of a man.

MasterOfNone wrote: GC §411.186. REVOCATION:

...

So after 5 years, the disqualification for a class A or B misdemeanor ceases to exist, and two years later it "has not existed for a period of two years".

Thanks. The FAQ pointed to a different section of the law so I wasn't seeing it.

lose. Just saying.