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Q: How do I
get a concealed handgun license application?
A: You may pick up an application request card from most DPS
offices or gun or sporting goods stores, fill it out and mail
it to the DPS.
Q: What
happens next?
A: Unless DPS determines that you aren't qualified, you will
receive the full application packet in the mail.
Q: May I use
a photocopy of an application packet, or must I get one from
DPS?
A: Application packets must come from the DPS.
Q: How much
will a concealed handgun license cost?
A: For most Texans, the license will cost $140. But for senior
citizens or indigent Texans, the cost is only $70. For
active/honorably retired peace officers or active/retired
judicial officers, the cost is $25. For elected felony
prosecuting attorneys, fee is waived.
Q: How poor
do you have to be to be considered indigent?
A: According to federal poverty guidelines, you may be
considered indigent if you are single and you earn $7,470 per
year or less. The maximum income for indigence classification
is $25,390 for a family of eight.
Q: Can the
license fee be waived in any instance?
A: Yes. State felony prosecutors are exempt from license fees.
Q: Will a
license from my home state be recognized under the reciprocal
license provision?
A: The DPS will evaluate each state's handgun licensing
program to determine whether statutory reciprocity
requirements are met. Laws in those states must be at least as
stringent as federal eligibility requirements for buying a
handgun for reciprocity to be allowed.
Q: If I am
licensed in Texas, can I carry my concealed handgun in another
state?
A: Your Texas license doesn't allow you to carry a handgun in
another state, unless that state recognizes Texas licenses.
Contact the state you will be entering to find out if it
recognizes Texas concealed handgun licenses.
Q: How can I
pay?
A: We will accept cashier's checks or money orders, payable to
the Texas Department of Public Safety. Sorry, we can't take
personal checks, cash or charge cards.
Q: Can I get
my money back if my application is not approved?
A: Sorry, fees are non-refundable. Please make sure you
qualify before turning in your application.
Q: Once I
send my application in, how soon should I expect to get my
license?
A: The department will make every effort to issue your license
within 60 days or notify you that you did not meet the
qualifications. If your application is incomplete or some
other problem arises, processing may take up to 180 days.
Q: I retired
from being a peace officer several years ago when this law was
not in effect. Can I be "grand- fathered" and allowed to
pay the $25 fee and waive the proficiency test?
A: Yes. Under an amendment to the statute, you may apply at
any time after retirement. However, you must demonstrate
proficiency through your agency before applying and must
demonstrate proficiency annually through your agency after you
receive the license.
Q: If I am a
legal resident alien, can I get a license?
A: Under federal law, aliens who have been admitted to the
U.S. under a non-immigrant visa are not qualified to purchase
a handgun and therefore do not qualify for a license. As long
as you were not admitted under a non-immigrant visa and are a
legal resident of Texas, you may qualify.
Q: If I am
in the military and was just transferred here, can I get a
concealed handgun license?
A: If you intend to be a Texas resident, you may qualify after
you have been here for six months.
Q: How can I
prove my Texas residency?
A: Texas driver licenses or identification cards, voter
registration cards, utility bill stubs and other official
documents listing your address may be used to establish Texas
residency.
Q: I spend a
lot of time in Texas, but don't live here year round. Can I
get a license?
A: A new revision to the law allows people who live in states
that don't issue concealed handgun licenses to apply for Texas
licenses. Additional fees may be charged to out-of-state
applicants to cover the cost of conducting background checks
in other states. If you live in a state that issues concealed
handgun licenses, check to see if a reciprocity agreement is
in place. Also, if you have a permanent residence in Texas and
a Texas driver license or identification card, you may apply
for a license even if you do not live here for the entire
year. (You must have had the permanent residence for at least
six months before applying.)
Q: If I move
to another state, do I have to turn in my license to DPS?
A: Maybe. If you plan to keep your Texas residency (your
driver license, permanent address, voter registration, etc.),
you may keep your license. Students frequently attend
universities in other states but maintain their Texas
residency. If you do move out of state and get a new driver
license there, or intend to make it your residence, the move
probably will be viewed as permanent and you may be expected
to turn in your license.
Q: Can
others find out if I am licensed to carry a concealed handgun?
A: Yes. Information may be provided about specific, named
individuals as a part of the public record.
Q: How long
will my license be valid?
A: Permits are issued for four year terms.
Q: If I am
only 20 years old, can I take the proficiency class and still
get a license when I turn 21?
A: It's best not to take the course more than six months
before your 21st birthday so that your proficiency certificate
is current. Your application may not be turned in to the DPS
until your 21st birthday.
Q: Can an
affidavit from my application packet be notarized in a county
other than the one where I live?
A: Yes. DPS will accept affidavits as long as they are
notarized in Texas. Applicants who qualify for non-resident
licenses may have their packets notarized in their state of
residence.
Q: If I
move, how do I change the address on my license?
A: You may contact the DPS Concealed Handgun Section to
receive a change of address form, or you may send a letter
including your full name, CHL number, old address and new
address and a cashier's check or money order for $25. You may
call 1-800-224-5744 or write Texas Department of Public Safety
Concealed Handgun Licensing Section, P.O. Box 15888, Austin,
Texas, 78761-5888.
Q: Will the
state limit the number of handgun instructors or license
holders?
A: No.
Q: What are
the requirements for obtaining a license?
A: The concealed handgun law sets out a number of
qualifications that must be met. Your application packet will
list them in detail. For example, you must be a legal resident
of Texas and you must be qualified to purchase a handgun under
all state and federal laws. A number of factors may disqualify
you from obtaining a license, such as: felony convictions and
some misdemeanor convictions, including charges that resulted
in probation or deferred adjudication, pending criminal
charges chemical or alcohol dependency, certain types of
psychological diagnoses, protective or restraining orders,
defaults on taxes, governmental fees, student loans or child
support.
The application
packet also will include information about materials you need
to return with your application packet. These include: two
recent color passport photos, two sets of fingerprints taken
by a law enforcement agency employee, a copy of your Texas
driver license or identification card, and a notification of
completion form (TR 100) from a DPS-authorized handgun course.
After receiving
completed application packets, the DPS will conduct extensive
background checks of juvenile records for the previous 10
years and all adult records.
Q: What if
my fingerprints are smudged? What happens if my print card is
rejected by the DPS or FBI?
A: The fingerprint cards will be returned to the individual.
New prints will need to be taken and submitted to the DPS.
Q: How much
will fingerprinting cost?
A: The Legislature has authorized law enforcement agencies to
charge $10 for this service. The DPS is among the agencies
charging this fee.
Q: I know
someone who I feel has a psychological problem and is unfit to
carry any kind of firearm. He/she has applied for a license.
Who should I speak to about my concerns?
A: You may send a signed, notarized letter to DPS and officers
will investigate the allegation.
Q: If I was
convicted of DWI two years ago, can I still get a concealed
handgun license?
A: No. DWI is at least a Class B misdemeanor, and you are
ineligible for a license for five years after a conviction for
a Class A or Class B misdemeanor or disorderly conduct. This
includes cases that were dismissed after you completed
probation or deferred adjudication. If you have been convicted
of two or more alcohol or drug-related offenses within the
last 10 years, you may not be eligible.
Q: I was
arrested four years ago for unlawfully carrying a weapon and
the judge gave me deferred adjudication. Is this considered a
conviction even though the charges eventually were dismissed?
A: Yes. The concealed gun law states that deferred
adjudication will be treated as a conviction.
Q: If a
judge ruled that I was delinquent on my child support in 1992,
but I have since worked out an arrangement with the Attorney
General's office to pay off the debt, can I get a license?
A: Yes. If you have a payment plan with a government agency
for back taxes or child support and the agency sends DPS a
clearance letter, you may apply. Include a copy of the
agreement and letter with your application materials. The
concealed handgun law was designed to encourage those who have
made no effort whatsoever to pay what they owe.
Q: If I
spent time in a psychiatric care facility in the 1980s, will I
be disqualified?
A: Qualification for a concealed handgun license depends on
your current diagnosis. Past psychiatric treatment wouldn't
necessarily disqualify you. You should attach a letter from a
licensed psychiatrist stating that your "condition is in
remission and is not reasonably likely to develop at a future
time," as the concealed handgun law states.
Q: If I was
arrested for a crime but the charges were dismissed, will my
application be rejected?
A: No. Dismissals will not be grounds for denial, as long as
you weren't placed on probation or deferred adjudication prior
to the dismissal.
Q: Do you
have to meet all of the federal Brady Law requirements to get
a license in Texas?
A: Yes. Texas law requires you to meet all state and federal
laws regarding handgun possession.
Q: Should I
list all arrests on my application even if the cases were
dismissed or I was found not guilty?
A: Yes. If your criminal history background check indicates an
arrest but does not reveal a final disposition, DPS might have
to check local records which is time consuming and could
significantly delay your application. Always indicate the
year, the offense, the location, the outcome and preferably
the level of the offense, such as felony, Class B misdemeanor,
etc. Attaching copies of the dispositions should help DPS
process your application more quickly. Include information on
cases that resulted in probation or deferred adjudication.
Q: I've
heard that I will have to take a special class to get a
license. Is this true?
A: Yes. You must take a 10- to 15-hour class taught by a DPS-certified
instructor. The notification of completion form (TR 100) you
receive from the instructor must be sent to the DPS with your
other application materials.
Q: How can I
find out if someone is a certified handgun instructor?
A: Updated lists will be available at most DPS offices and by
calling 512-424-7293 or 424-7294 or 1- 800-224-5744.
Q: Can I
take the handgun training class at the DPS?
A: The DPS only provides training for instructors.
Q: How much
do the training classes cost?
A: The fee for DPS firearm instructor training is $100. The
DPS has no control over how much instructors charge the
general public for classes.
Q: What
control does the DPS have over firearms instructors?
A: We certify them and can review their records and monitor
their classes to make sure they are using the required
curriculum.
Q: What if I
take a class from an instructor whose certificate was revoked.
Is my proficiency certificate still good?
A: If you took the class before the instructor's certificate
was revoked, then your proficiency certificate should still be
valid.
Q: Will I
need to have a gun before I begin my training class?
A: Some instructors may require you to use your own gun during
the firing range portion of instruction and testing. However,
others may provide guns for you to use. The permit licenses
you, not a specific gun.
Q: Are
police officers, retired police officers, judicial officers,
ex-DPS or retired DPS officers required to take the handgun
course for proficiency certification, or are they exempt?
A: Retired law enforcement officers are exempt from taking the
handgun proficiency course. However, they must demonstrate
weapons proficiency annually through a law enforcement agency.
Active, commissioned peace officers also are exempt from
taking the proficiency course. State and federal judicial
officers must take an abbreviated course covering handgun
proficiency and safe storage.
Q: If a
student doesn't pass the DPS-certified course, must the
instructor return the applicant's money?
A: The DPS can't require the money to be returned.
Q: Will all
classroom tests be in English only?
A: The law doesn't require classes to be offered in any
language other than English. However, classes may be offered
in other languages as long as instructors teach key English
phrases such as "I have a handgun" and "May I see your
concealed handgun license?"
Q: Can I
start carrying a concealed handgun as soon as I receive my
license in the mail?
A: Yes.
Q: What does
concealed mean? Can't I carry my handgun in plain view?
A: No. The weapon can't be visible, and its presence can't be
discernible through ordinary observation.
Q: Where can
I not take my handgun?
A: Handguns and other weapons can not be carried at schools or
on school buses, at polling places, in courts and court
offices, at racetracks and at secured airport areas. The law
also specifically prohibits handguns from businesses where
alcohol is sold if more than half of their revenue is from the
sale of alcohol for on-premises consumption, and from
locations where high school, college or professional sporting
events are taking place. You may not carry handguns in
hospitals or nursing homes, amusement parks, places of worship
or at government meetings if signs are posted prohibiting
them. Businesses also may post signs prohibiting handguns on
their premises based on criminal trespass laws.
Q: Can I
carry a handgun when I am drinking?
A: Under the concealed handgun law, it is illegal to carry a
handgun if you are intoxicated. The best idea is to leave your
weapon at home if you intend to consume any alcoholic
beverages.
Q: Do police
officers have the right to disarm me?
A: Yes. Any time an officer feels a safety risk exists, he or
she may disarm you.
Q: Do
private property owners have the right to exclude license
holders from their property?
A: Yes. Private property owners may give notice excluding
license holders from carrying concealed handguns. If you carry
a concealed handgun on posted property, you can be charged
with criminal trespass by a license holder. The charge is a
Class A misdemeanor, and if you are convicted, your license
will be revoked.
Q: If I
don't want guns in my business, what type of signs should I
post?
A: If you want to prohibit license holders from carrying
concealed handguns on your property, state law requires you to
post a sign that says: "Pursuant to Section 30.06, Penal Code
(trespass by holder of license to carry a concealed handgun),
a person licensed under Subchapter H, Chapter 411, Government
Code (concealed handgun law), may not enter this property with
a concealed handgun." The sign must be written in both English
and Spanish in contrasting block letters at least one inch in
height, and must be displayed in a conspicuous manner clearly
visible to the public.
Q: If I
drive to a shopping mall that does not permit handguns, will I
be allowed to park in the parking lot and leave my gun in the
car?
A: If the parking lot is not posted with the sign described
above, handguns may be left in cars.
Q: Can I
still carry a handgun without a permit while traveling?
A: Yes. The concealed handgun law augments existing state
weapons laws but does not replace them. The offense of
unlawfully carrying a weapon does not apply if you are
traveling.
Q: Can I
carry my handgun to a shooting range without a license?
A: Yes, if you are traveling directly to the range and back
home.
Q: If my
handgun is on the seat beside me, am I still considered to be
"carrying?"
A: Yes. The statute refers to carrying a gun "on or about"
your person. Texas courts generally have considered this to
include any gun within your reach, including one stored in
your glove compartment.
Q: If I am
not carrying my handgun, must I still carry my license?
A: No. Under the concealed handgun law, you are only required
to have your license with you whenever you are carrying your
handgun.
Q: What type
of gun will I be able to carry?
A: You may carry any type of legal, concealed handgun you are
qualified to use. If you wish to carry a semi-automatic
weapon, you must complete your firing range test with a
semi-automatic. If you do not wish to carry a semi-automatic,
you may test with a revolver. You must demonstrate proficiency
with a handgun of .32 caliber or above to qualify for a
concealed handgun license.
Q: I own a
9mm short, also called a .380. Will my gun be considered a
semi-automatic?
A: Yes.
Q: What type
of ammunition can I use during my training class?
A: Your certified instructor may select any safe ammunition
for use in the training program, but most factory loads should
be acceptable.
Q: If
licensed, can I carry more than one handgun?
A: The law does not appear to limit the number of guns you may
carry.
Q: Do you
have to be NRA certified to become an instructor in Texas?
A: No. Anyone may apply.
Q: Can
instructors teach anywhere in the state or only in a
particular geographic area?
A: They are certified to teach anywhere in Texas.
Q: I have
applied to become an instructor. When will I take the class?
A: In most cases, you will be notified of classes several
weeks in advance. You will receive notification in the mail
along with a card you should return indicating whether you
will attend, or whether you are still interested in becoming
an instructor. Some applicants may be contacted on shorter
notice by phone if cancellations occur.
Q: Can
instructors use the DPS emblem on their targets?
A: No. The DPS does not endorse any commercial enterprise, and
law prohibits the unauthorized use of the DPS name or
insignia.
Q: What are
the specifications for gun ranges? I have applied to take the
instructor's class, but meanwhile, I would like to start
building/renovating my range to meet DPS specifications.
A: The DPS will look at and register ranges, but will not
write specifications for them. However, each range must be
designed for at least a 15-yard shooting distance, as required
by law.
Q: What is
the classroom and gun range curriculum for the school?
A: Instructor applicants will receive a lesson plan as a
part of their DPS training.
Q: Can I get
a copy of the instructor certification test?
A: No.
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