Posted: 9/21/2007 10:24:37 AM EDT
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Hi, I am currently working towards getting a CHL. I need to get more range time in with my Glock first and I am still looking around at places to take the class. I am curious about a couple of things. I have herd a few people who say the background check is something else or that is is very indepth. Just how indepth is the background check? I have read on the DPS webpage that they send people out to investigate people backgrounds and all but do they do this with everyone? I know I don't have anything to worry about with my background, I am just curious as to that part of the CHL process. On the same note, what all kind of stuff is on the CHL application? how does it compare to the application you have to fill out when you sign up to go into the military? I decided I should get my CHL because of the odd hours I work. In the last several months I have been at gas stations and conveniance stores at 3:00 AM and have encountered people several times that seem like they are looking for trouble. I would feel alot safer to have my handgun with me if an encounter deteriorates in to a bad situation. Thank you for reading my post. |
| I live in TX but have a FLA non-res permit because FLA will give you one w/o all the bs testing if you send them a good DD-214. The packet for them was prints and addresses for a few years back as well as some yes/no questions. They will look in all the Databases but they don't do a real background like the Mil. does for the upper clearances. If you aren't running from the law and don't have anything to worry about day to day I would doubt you have anything to worry about for your CHL.SS |
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DPS sends criminal Investigators to check the criminal records in each county you have lived/worked. DPS also sends a fingerprint card to the FBI for a national criminal records search, and of course they search the Texas criminal records. They also inquiry to the Texas AG's office, Comptroller and Texas Guaranteed Student Loan Corp for defaults. Thats it. |
Not true. Certain people who were given deferred adjudication for certain felonies cannot get CHL, but can still purchase a firearm. |
ah, good to know. 
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Got some info from the DPS website. It seems deferred adjudication for a felony is still considered a conviction for handgun purposes (doesnt seem legal, but OK)... (8) Convicted--An adjudication of guilt or an order of deferred adjudication entered against a person by a court of competent jurisdiction for an offense under the laws of this state, another state, or the United States, whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication which has been subsequently: (A) expunged; or (B) pardoned under the authority of a state or federal official. ....................................................................................................... To be eligible for a license to carry a concealed handgun, a person must meet the following requirements: (1) an applicant must have been a resident of this state for the six-month period preceding the date of application, relocate to this state with the intent to establish residency in this state, or must be eligible for a non-resident license as provided by the Act; (2) the applicant must be at least 21 years of age; (3) the applicant must not have been convicted of a felony. An offense is considered a felony if at the time of an applicant's application for a license the offense: (A) is designated by a law of this state as a felony; (B) contains all the elements of an offense designated by a law of this state as a felony; or (C) is punishable by confinement for one year or more in a penitentiary. (4) the applicant must not be currently charged with the commission of a Class A or Class B misdemeanor or an offense under Texas Penal Code, §42.01, or of a felony under an information or indictment; (5) the applicant must not be a fugitive from justice for a felony or a Class A or Class B misdemeanor; (6) the applicant must not be chemically dependent; (7) the applicant must not be incapable of exercising sound judgment with respect to the proper use and storage of a handgun as defined in the Act; (8) the applicant must not, in the five years preceding the date of application, have been convicted of a Class A or Class B misdemeanor or an offense under Texas Penal Code, §42.01. An offense is considered a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment; (9) the applicant must be fully qualified under applicable federal and state law to purchase a handgun; (10) the applicant must not have been finally determined to be delinquent in making a child support payment administered or collected by the attorney general, unless the applicant has since discharged the outstanding delinquency; (11) the applicant must not have been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, state treasurer, tax collector of a political subdivision of the state, Texas Alcoholic Beverage Commission, or any other agency or subdivision of the state, unless the applicant has since discharged the outstanding delinquency; (12) the applicant must not have been finally determined to be in default on a loan made under the Education Code, Chapter 57, unless the applicant has since discharged the outstanding delinquency; (13) the applicant must not be currently restricted by or subject to a court order that restrains the applicant from injuring, harassing, stalking, or threatening the applicant's spouse or intimate partner, or the child of the applicant, the applicant's spouse, or intimate partner. This paragraph includes a protective order issued under the Family Code §3.58 or §3.581, or Family Code, Chapter 71. This paragraph does not include any restraining order or protective order solely affecting property interests; (14) the applicant must not, in the 10 years preceding the date of application, have been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and (15) the applicant must not have been made any material misrepresentation, or failed to disclose any material fact, in a request for application materials or in an application for a license to carry a concealed handgun. |
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Hell, I forgot about a bunch of that stuff now that I think about it. I've even got some cards from the TSRA TX CHL Holder: - Have no felony convictions - lifetime - No Class A or B misdemeanors within the last five years - Passed both state and federal fingerprint and background checks - No delinquent conduct within the past 10 years (Other than general arfcom delinquency  ) - Not delinquent in child support, student loans, or state/local taxes. |
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Wow, That is a lot of good info. thanks. I have read just about everything on the DPS website about CHLs. Like I said, I don't have anything to worry about, I was just curious if the background check went beyond anything talked about on the DPS CHL website. I have a neighbor who is a law enforcement officer. He has been encouraging me to get my CHL for a few years now. I have talked to him on a few occasions about some of the shifty looking people I have encountered in the early morning and about getting a CHL. One day when I came home from work, he walked over to me as I was getting out of the car and said he had the money was going to pay for the the class and background check for a CHL for me. I told him he didn't need to do that but he insisted. He wouldn't take no for an answer. He really really really supports me getting a CHL. I told him I needed to get more practice with my Glock before I took the class and he said the do it and find a place to take the class. Two days later he knocked on my door and handed me a box with 500 rounds of 9MM ammo and said get proficient and get your CHL. It's like getting a LEO, CHL scholarship. So the pressure is on; if my CHL is going to be paid for by a LEO, then I had better be absolutly sure I will not be disqualified in any way. Thanks for all the input. |
This really is an ultimate "Catch-22" because on Deferred Adjudications in Texas you might not know that... (A) that a person can't get a Deferred Adjudication that has been released (after meeting all conditions) ever expunged. & (B) Yet, because that person was not "convicted" by the court, they are not eligible for a pardon either. .Gov logic at work! BIGGER_HAMMER 
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| I actually believe that in some cases you can get expunction on deferred, and you can also get an Order of Non-disclosure where it is not public record any longer. Sometimes when a governer is on their way out of office they will give out pardons and expunctions that they normally would not do. On the other hand, an Order of Non-disclosure still doesnt let you get a CHL. Also you cannot get Non-disclosure for certain felonies that include violence. So kids, the lesson for today is always plead not guilty and dont take deferred because the State of Texas will cram their mighty fist in your butt. |
Here is the law on expunctions tlo2.tlc.state.tx.us/statutes/docs/CR/content/htm/cr.001.00.000055.00.htm#55.01.00 I don't see how a deferred can be expunged. also, can you show me where this Order of Non-Disclosure is located? Its a new one on me. |
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And some more. Look for "SUBCHAPTER F. CRIMINAL HISTORY RECORD INFORMATION" 411.081 State website |
Well, I'll tell you this. I submitted my initial application in November 2000. Guess I called right at the 60 day mark or so, and was told my file was "Pulled." I was transferred to another person, and after giving the super secret code (I have no problem with this), he stated, "FBI pulled your file." I asked, "Why?" He asked, "Have you traveled a lot?" I said, "  "I received my license in March 2001 - guess that took about 5 months. And my record is squeaky clean.
That is very cool. Best of luck. Oh hey - is the house on the other side of that LEO available for sale? |
Thanks. From reading that it does not appear such an order would prevent the CHL division of discovering the info, nor does it effect the fact that a deferred counts as a conviction for CHL purposes. Do you agree based on what you read? |
The shooting part of the test is VERY easy. I would be quite concerned if I knew someone that had a pistol and failed that test. If you stay inside the scoring part of the target in the first two stages, you don't need the points from the last stage to pass. My wife passed the test with no practice. Steve |
www.askoxford.com/asktheexperts/faq/aboutspelling/affect |
Thanks, but I don't care. Have you anything to actually add to the thread? |
No, it's just rude to make a post with the sole purpose of pointing out such a mistake without adding a thing to the thread. I didn't ask for not do I care to have you correct my posts. But if it makes you feel in some way superior, then by all means knock yourself out. |
I went to the range today and shot about 150 rounds a the qualifying distances. I did okay, but my shots kept going lower than my center of aim. I thik the problem is I am using too much force when squeezing the trigger, and I am actually pulling the point of aim down in the spit second before the bullet is fired. I was able to compensate for this but it is something I need to work on. maybe I should look into a trigger with a lighter pull. still based on how I shot today, I am sure I would have passed. Most every shot was within the "5" zone. |
No need for attacks Columbo... If you don't want someone correcting your posts, don't post in a public forum. |
Thats what I was saying. The Order of Nondisclosure just keeps it from being public info. State agencies can still find it. But it is true that the governor can do special pardons and expunctions on their way out of office. Some of them do it when they dont get re-elected. Its been in the news a few times in the past about people getting special pardons. |
and she will gladly do it going out the door of the Whitehouse? 
If you don't want to be attacked (if you call that an attack you have soft hide) then don't correct people's posts unless you are adding somtheing of value.  |