Questions about CHL.

TXTacticalSource · Oct 16, 2008

My friend wants to get hes CHL but he is afraid he will get denied because about 4 Years ago he got caught driving without a license... This was the first ticket he ever got. This happen in a Sunday and there was no judge So he spent a few hrs in a holding cell till the judge could see him... I think he said 6hrs... The judge told him that he didnt have to pay a fine that the time served was plenty. And off he went. He got hes drivers license and haven't got a ticket since... I told him that he should be ok since it was Hess first offense is consider a class C Misdemeanor... He went of and pay for a background check and came back ok no history at all... but he still not convenience... So here I am asking Am I Right or Wrong?
I am not a lawyer so I dont know much about the traffic laws...

Thank You for the help!

JKTex · Oct 16, 2008

Texas Department of Public Safety - Regulatory Licensing Service Concealed Handgun Licensing

Have him call too. If he wants a CHL, he needs to step up and do it himself, including asking the question to the right people.....if he's old enough to do so.

As far as I know traffic infractions aren't what they look for. Otherwise, there would be no back log.

txinvestigator · Oct 16, 2008

Texas Transportion Code
§ 521.021. LICENSE REQUIRED. A person, other than a
person expressly exempted under this chapter, may not operate a
motor vehicle on a highway in this state unless the person holds a
driver's license issued under this chapter.

§ 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON
DEMAND; CRIMINAL PENALTY. (a) A person required to hold a
license under Section 521.021 shall:
(1) have in the person's possession while operating a
motor vehicle the class of driver's license appropriate for the
type of vehicle operated; and
(2) display the license on the demand of a magistrate,
court officer, or peace officer.
(b) A peace officer may stop and detain a person operating a
motor vehicle to determine if the person has a driver's license as
required by this section.
(c) A person who violates this section commits an offense.
An offense under this subsection is a misdemeanor punishable by a
fine not to exceed $200,
Click to expand...

That makes it a Class C misdemeanor

Texas Government Code

§ 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 an offense under Section 42.01, Penal Code,
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;
(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 an offense under Section 42.01, Penal Code
**Snip***

Click to expand...

He is fine

TXTacticalSource · Oct 16, 2008

Thank You guys! Now to get him to sign up for the class.

brainiac · Oct 17, 2008

Did he get in trouble in Texas, in the same county he now lives in? The sherrif of the county he now lives in has the primary responsibility to do any background check, and the sherrif can be as thorough or not as he sees fit. I was told that most of them just run you through NICS or some such national data base and if you come up clean there, you pass. Of course, any convictions in the same county might turn up easily. I was sweating a little when I applied for my Texas CHL because I had a number of youthful indiscretions, but they were a long time ago and in another state and I passed the background check without any problem.

txinvestigator · Oct 17, 2008

brainiac said: ↑

Did he get in trouble in Texas, in the same county he now lives in? The sherrif of the county he now lives in has the primary responsibility to do any background check, and the sherrif can be as thorough or not as he sees fit.
Click to expand...

Umm, where did you receive that information? DPS sends one of their employees into each county. They do not depend on the Sheriff, nor is the SO of any county even required to conduct such a check.

TXTacticalSource · Oct 17, 2008

No it was not in the same county it was far from Houston. Some where in Madisonville or something like that...

brainiac · Oct 17, 2008

txinvestigator said: ↑

Umm, where did you receive that information? DPS sends one of their employees into each county. They do not depend on the Sheriff, nor is the SO of any county even required to conduct such a check.
Click to expand...

My CHL class instructor.

txinvestigator · Oct 17, 2008

brainiac said: ↑

My CHL class instructor.
Click to expand...

Holy smokes. He is misinformed. DPS does it as required in the Texas Government Code

JKTex · Oct 19, 2008

brainiac said: ↑

My CHL class instructor.
Click to expand...

Did you see where he hid the pipe after smoking it? :crazy-1: :tongueout:

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