Background check

[NightTrainHD]

I asked this question on another forum but did not get a simple answer. I have a friend who wants to get his CHL. In his younger days he got in a bit of trouble. My question is, if he went to purchase a gun from say, academy. If he passes the background check there would he pass for his Texas CHL? Not sure if the CHL check is more in depth or the same. His trouble was more than 10 years ago.

[stickhauler]

Not necessarily. It would depend on how through Texas's background check was, and if the state of his offense was through in submitting info to NCIS databases. I can't speak for Texas, but Ohio's application requires you to list every address you lived at since age 18. A state using that standard likely is planning to audit info from the major law enforcement agencies where you lived.

Ohio uses the idea that they can ferret out those who have suffered from mental illness and had contact with LEO's as a result of the illness, but further intervention wasn't required.

[THEZACHARIAS]

A lot will ride on what kind of trouble your friend was getting into. Easiest way to find out is to call or make an appointment with your local law enforcement or whichever office issues CHLs and ask them flat out "here are the facts; am I eligible to receive a concealed carry license?".

There's no point trying to deceive the authorities when it comes to these kinds of things; better to be up front about the facts right now (and get a straight yes or no answer) than to get into a self defense situation down the road and have the legal waters muddied by whether that CHL is legit.

[Newton24b]

the person can only do one of two things,

1. ask the legal entity that issues the permit to carry a concealed handgun if its even possible.

2. just put in the application packet, include all legal run in information, even include any official paperwork he recieved from such incidents, and send the packet inwith the processing fees. THAT will give a definite yes or no answer.

[ClydeFrog]

Depending on what type of "trouble" the events were or when they took place, it sounds like it may turn up somehow.
If the trouble means criminal acts or a felony that was when they were under 18, that may be sealed by the courts.
The NCIC or DoJ computer system may show felony convictions.
If he or she has serious background problems they may want to contact a legal aid program or atty. They might be able to have records adjudicated or get some civil rights restored. It all depends on the offenses.

I had a friend who served in the US military and was a federal employee with 2 different US government agencies. He got into drugs & drinking then was convicted of a felony(drug related). He was able to clean up his life & get a good GS-06 paygrade federal job in 2002.
He put in a application for a concealed weapon license and it was APPROVED! He didn't buy any guns or carry anything but even he was surprised by it.
I'm not a lawyer but I would suggest not carrying any firearms if the actions were serious until the state or court clear the person.

[bearone2]

in az, the carry/ccw/cwp is more stringent than the nics check and why if you have the permit, the nics check isn't required to purchase a firearm.

[LarryNTX]

Simple answer. If your friend's "trouble" was a felony conviction, he can't get a CHL.
Part of the application gives the Dept of Public Safety permission to check all of your records including sealed juvenile records, taxes, child support, court records, mental health and everything else. And they really do check.
There is an outside chance that he could get away with lying about it, but if he gets caught, he'll be in a whole lot more trouble.

[NightTrainHD]

Thank for all the input guys. He has no intention of lying about the past. I think he just does not want to waste the time and money(about 250.00) just to get turned down. Never thought to tell him to call DPS, I will tell him to look into that. Thanks again!

[wally626]

In general requirements for a CHL in most states are stiffer than just buying a weapon. You need to look up the Texas statutes and see what they say. In VA (which I am familiar with) there are several drug offenses and other misdemeanors and would not prevent gun purchase but would prevent a CHP for 3 to 5 years after conviction. The regs for Texas are listed at http://www.txdps.state.tx.us/Interne...rms/CHL-16.pdf The restrictions for misdemeanors appear to last for 5 years, so after that most things other than felonies, mental health issues and current charges are not an issue.

The eligibility requirements are:

GC §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 mis-
demeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, 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 or equivalent offense;
(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 equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;
(9) is fully qualified under applicable federal and state law to pur- chase a handgun;
(10) has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general; (11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the
state; (12) is not currently restricted under a court protective order or sub-
ject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;
(13) has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and
(14) has not made any material misrepresentation, or failed to dis- close any material fact, in an application submitted pursuant to Section 411.174.
(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
TEXAS CONCEALED HANDGUN LAWS GC §411.172. 5
(1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
(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 pen- itentiary; and
(2) a Class A misdemeanor if the offense is not a felony and con- finement in a jail other than a state jail felony facility is affixed as a pos- sible punishment.
(b-1) An offense is not considered a felony for purposes of Subsec- tion (b) if, at the time of a person's application for a license to carry a concealed handgun, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this state as a felony.
(c) Anindividualwhohasbeenconvictedtwotimeswithinthe10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chem- ically dependent person if other evidence exists to show that the person is a chemically dependent person.
(d) For purposes of Subsection (a)(7), a person is incapable of exer- cising sound judgment with respect to the proper use and storage of a handgun if the person:
(1) has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause sub- stantial impairment in judgment, mood, perception, impulse control, or intellectual ability;
(2) suffers from a psychiatric disorder or condition described by Subdivision (1) that:
(A) is in remission but is reasonably likely to redevelop at a fu- ture time; or
(B) requires continuous medical treatment to avoid redevelop-
ment; (3) has been diagnosed by a licensed physician, determined by a
review board or similar authority, or declared by a court to be incompe- tent to manage the person's own affairs; or
(4) has entered in a criminal proceeding a plea of not guilty by rea- son of insanity.
(e) The following constitutes evidence that a person has a psychiat- ric disorder or condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization; (2) psychiatric hospitalization; (3) inpatient or residential substance abuse treatment in the pre-
ceding five-year period;
6 GC §411.173. TEXAS CONCEALED HANDGUN LAWS
(4) diagnosis in the preceding five-year period by a licensed phy- sician that the person is dependent on alcohol, a controlled substance, or a similar substance; or
(5) diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consist- ing of or relating to:
(A) schizophrenia or delusional disorder; (B) bipolar disorder; (C) chronic dementia, whether caused by illness, brain defect,
or brain injury; (D) dissociative identity disorder; (E) intermittent explosive disorder; or (F) antisocial personality disorder.
(f) Notwithstanding Subsection (d), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subsection (d) or listed in Subsection (e) is not because of that disorder or condition incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person provides the department with a certificate from a licensed physician whose primary practice is in the field of psychiatry stating that the psy- chiatric disorder or condition is in remission and is not reasonably likely to develop at a future time.
(g) Notwithstanding Subsection (a)(2), a person who is at least 18 years of age but not yet 21 years of age is eligible for a license to carry a concealed handgun if the person:
(1) is a member or veteran of the United States armed forces, in- cluding a member or veteran of the reserves or national guard;
(2) was discharged under honorable conditions, if discharged from the United States armed forces, reserves, or national guard; and
(3) meets the other eligibility requirements of Subsection (a) ex- cept for the minimum age required by federal law to purchase a hand- gun.
(h) The issuance of a license to carry a concealed handgun to a person eligible under Subsection (g) does not affect the person's abil- ity to purchase a handgun or ammunition under federal law.

[NightTrainHD]

Now that is a post! Thank you sir, the last line said it all I think. Thanks again, I will pass this on.