LTC eligibility after being revoked?

[Tonyt915]

In 2014 I was arrested for reckless driving and had my CHL revoked. Got a letter stating to surrender my CHL and I was ineligible for 5 years. Fast forward to this week. Since its been over 5 years I went and took the LTC class and when applying got a warning on the application screen that I was indefinitely ineligible for application approval. I called the DPS number and the lady asked for my lic# and verified it was revoked in 2014. Said I needed to write a letter requesting to be eligible again. Then she told me to hold, cause she was going to open a case to escalate the issue so I wouldn't have to wait. A bit later I get a call back from someone and she asks the issue and I told her. This lady states I'm ineligible for 7 years since I had a CHL and it was revoked. I told her that the letter I received said it was to be surrendered and I was only ineligible for 5 years, but she said the letter never said that and its 7 years. Is anyone familiar with this situation?

 

[jrbfishn]

Nope. Talk to an attorney. Anything else is a waste of time.

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[Axxe55]

You have a letter that says five years, and someone that is now telling you seven years.

JRB is spot on. Talk to an attorney. IMO, it is money well spent.

 

[Tonyt915]

correct, The second lady said 2 extra years were tacked on because I had a CHL and it was revoked. Then said the 5 year ineligibility is only if I didn't have a CHL to begin with

 

[ZX9RCAM]

That almost makes sense.

 

[Axxe55]

That almost makes sense.

Clear as mud to me too!

 

[Tonyt915]

She gave me a date of Feb 27th 2021 of when I will be eligible again. Its not terrible far away so not sure if getting a lawyer would be worth the cost vs just waiting till next year. She said my LTC100 is good for 2 years from the date of completion.

 

[jrbfishn]

It is. Read the laws. Then talk to an attorney. Especially if can find one that is familiar with those cases. They may know something you don't.

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[Tonyt915]

Clear as mud to me too!

Right! I asked why the letter telling me to surrender my CHL said I was ineligible for 5 years, since it knew I already had a CHL. She just replied the letter didn't say that cause she knows what it said lol

 

[Tonyt915]

It is. Read the laws. Then talk to an attorney. Especially if can find one that is familiar with those cases. They may know something you don't.

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Ill see if I can find a lawyer that deals with this type of thing

 

[Axxe55]

Ill see if I can find a lawyer that deals with this type of thing

That sounds like a smart move.

 

[sidebite252]

Right! I asked why the letter telling me to surrender my CHL said I was ineligible for 5 years, since it knew I already had a CHL. She just replied the letter didn't say that cause she knows what it said lol

Is her name Karen?

 

[Jon Payne]

The 2nd Amendment is my LTC.


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[SQLGeek]

Save your money on an attorney, the lady at the DPS is correct.

https://www.dps.texas.gov/rsd/ltc/faqs/index.htm

59. My license has been revoked because of a Class B misdemeanor conviction for DWI. When can I reapply?

Texas Government Code §411.171(a)(8) states a person is not eligible for a LTC, for a Class A or Class B conviction within five (5) years before the date of application. Once you meet the eligibility requirements, you will not be eligible to reapply for two (2) years following the end of the cause for revocation. See Texas Government Code §411.186.

 

[satx78247]

To All,

i cannot speak for anyone else but ME, but I think that it's just plain NUTS to revoke a CHL for a traffic offense, as it has nothing to do with safely/lawfully carrying a handgun.
(To quote an old saying: "The law is an ass.")

just my OPINION, satx

 

[Ungluck]

To All,

i cannot speak for anyone else but ME, but I think that it's just plain NUTS to revoke a CHL for a traffic offense, as it has nothing to do with safely/lawfully carrying a handgun.
(To quote an old saying: "The law is an ass.")

just my OPINION, satx

Fully agreed. Even if it was a DWI. Revoke driving privileges, it's directly tied to the offense.

Imagine what it will be like once it run by a Democrat next year.

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[Hoji]

To All,

i cannot speak for anyone else but ME, but I think that it's just plain NUTS to revoke a CHL for a traffic offense, as it has nothing to do with safely/lawfully carrying a handgun.
(To quote an old saying: "The law is an ass.")

just my OPINION, satx

Reckless driving is the #1 go to for plea bargaining a DWI down. It stays a Class “B” misdemeanor but none of the other bs that goes with a DWI for the defendant. Win/win in both the prosecution’s and defense’s eyes.

 

[Hoji]

Fully agreed. Even if it was a DWI. Revoke driving privileges, it's directly tied to the offense.

Imagine what it will be like once it run by a Democrat next year.

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You knew going in what you had to do to not get sideways with the law and your LTC. It is pretty easy to avoid a Class “B” misdemeanor or above.

 

[jordanmills]

Save your money on an attorney, the lady at the DPS is correct.

https://www.dps.texas.gov/rsd/ltc/faqs/index.htm

59. My license has been revoked because of a Class B misdemeanor conviction for DWI. When can I reapply?

Texas Government Code §411.171(a)(8) states a person is not eligible for a LTC, for a Class A or Class B conviction within five (5) years before the date of application. Once you meet the eligibility requirements, you will not be eligible to reapply for two (2) years following the end of the cause for revocation. See Texas Government Code §411.186.

That FAQ answer on their web site is wrong. There is no "Texas Government Code §411.171(a)(8)". They might mean 411.172(a)(8).

I think they're interpreting that incorrectly any way. Section 411.172(a)(8) says five years from the date of date of an application. If you don't make an application during those five years, then that section has not applied in five years, far exceeding the two years stated in 411.186.

 

[Charlie]

Get an attorney!