Frequently Asked Questions about
Texas Concealed Handguns
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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