CHL/CCW in Texas - LEO's only

[slider701]

A co-worker and I are thinking of attending a class and getting our CHL license. The question came up whether he would be eligible for a license because he has a felony conviction for DUI (3rd offense) from just over 10 years ago. He did 90 days in jail and 5 years of probation and has been clean/sober ever since.

The state web site is fuzzy on whether he would be eligible:

Tx DPS - CHL FAQs

If you have been convicted of two or more alcohol or drug-related offenses within the last 10 years, you may not be eligible.

My questions for the LEO's on here is who and how do they make the determination whether you are eligible?

There also has been a lot of talk on the news lately about getting a Utah license in TX since it only takes a 4 hr classroom only course. Since Utah has a reciprocal agreement with TX would this be an option or would he be asking for trouble?

 

[OldSVTGuy]

While not LE, I retired from ATF and I can definitely state that Federal law supercedes in this case. If your friend has a felony conviction, he is cannot even possess a firearm. If he owns one, he is setting himself up for a big problem. A prohibiting conviction under Federal law is defined as a felony for which he COULD have been imprisoned for a term exceeding one year or a misdemeanor conviction for which he COULD have been imprisoned for more than two years. It does not matter how much time he got. You have to read the statute under which he was convicted to determine the sentence he could have received.

In other words, the statute under which your friend was convicted may (for purposes of illustration only as I do not know the conviction term for the statue under which your friend was convicted) call for a maximum term of incarceration of 5 years. Your friend got 90 days in jail and 5 years probation but he COULD have been sentenced to 5 years.

Sorry for the bad news but I think you would rather hear the reality of the situation rather then have your friend apply for a carry license only to perhaps be arrested for a felon in possession of a firearm. That is a problem no one needs.

 

[Iceman II]

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

Now, there is more to this statute under the Texas Penal Code, but in a nutshell it ain't happening.

 

[silver03svt]

In VA, convicted felons cannot even possess firearm ammo, much less a firearm. Your friend needs to be careful.

 

[03trubluGT]

There's more to CH. 46, here:

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

So, it is possible to have a firearm at his home, but I don't see getting a CHL and going out into public with a gun.