I moved to Texas and I have a few Permit Questions.

I recently moved from Richmond Virginia to El Paso Texas and I currently have no CHCP as I have changed my address through the USPS (My CHCP was Virginia Residential).

I am unable to get a Texas Residential permit for 5 years because I was convicted of a Class 1 Misdemeanor, Shooting in public (No Injury) in Virginia, when I had to discharge my firearm in self defense. I was not found guilty of any of the other RIDICULOUS charges I was given. Long story short; I was jumped by two thugs after they found out that I had been calling the police on them for selling drugs in my area, one had me in a rear naked choke while the other was kicking me in the face, testicles, and stomach repeatedly shouting "I'll F_CKIN kill you" I began to feel myself fainting while struggling to fend them off, so I pulled my weapon and fired at the one kicking me, only after four shots were fired they ran off while I called the police. The only crime I feel guilty of is missing my target, the officer who was instructed to make the arrest agreed (which I attribute to me being found innocent of the other charges)... I digress, my Virginia CHCP was not revoked or suspended

I have been thinking of getting a non-resident CHCP from another state so that I may still carry in Texas, and New Mexico where I often visit. I am concerned that Non-Resident CHCP's might have caliber restrictions since Texas requires that you qualify in the caliber you wish to carry while obtaining a Texas Residential permit. I have tried to find laws that would have information on the matter, but I have not been successful in finding any. I was wondering if anybody had any knowledge of any laws governing that? Also, I was wondering if anyone knows which Non-Resident CHCP with Texas Reciprocity is the easiest and fastest to obtain or if is it possible to simply have my VA Residential CHCP converted to a Non-Resident CHCP?

Thanks ahead of time.

Texas absolutely does not require you to qualify with the caliber you plan to carry. Texas requires that you qualify with a semiautomatic if you want to carry either semi auto or revolver. If you qualify with a revolver you are restricted to carrying a revolver only. The only caliber restriction is that you must qualify with a gun of at least .32 caliber. Also, the requirements for a Texas resident or non-resident are the same, you must take the course and qualify in Texas.

Jay
Texas DPS Certified CHL Instructor

Thank you Jay.

So If I get a Florida Non-Resident Permit, what do I carry that shows that I have qualified with a semi-auto in Texas?

If you have a Florida non-resident permit you are are subject to the laws of Florida regarding what you can carry. Of course you will be subject to Texas law as for where you can carry etc. If you carry in Texas on your Florida permit you will not need to qualify in TX, just follow our laws. Your best bet might be an Arizona non-resident permit as it is cheap (much less than FL) and easy to obtain with widespread acceptance including NM and TX. Just keep in mind that to carry in Florida you must either have a FL permit or be a resident of the state whose permit you hold. In other words, if you live in TX and have an AZ permit you couldn't carry in FL.

Jay

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I am unable to get a Texas Residential permit for 5 years because I was convicted of a Class 1 Misdemeanor, Shooting in public (No Injury) in Virginia, when I had to discharge my firearm in self defense. I was not found guilty of any of the other RIDICULOUS charges I was given. Long story short; I was jumped by two thugs after they found out that I had been calling the police on them for selling drugs in my area, one had me in a rear naked choke while the other was kicking me in the face, testicles, and stomach repeatedly shouting "I'll F_CKIN kill you" I began to feel myself fainting while struggling to fend them off, so I pulled my weapon and fired at the one kicking me, only after four shots were fired they ran off while I called the police. The only crime I feel guilty of is missing my target, the officer who was instructed to make the arrest agreed (which I attribute to me being found innocent of the other charges)... I digress, my Virginia CHCP was not revoked or suspended

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this is not passing the smell test, you shot in self defence and they convicted you of discharging a firearm but didn't pull your lic.?? we are not getting the right/whole story

edit: the only reason I can think of is you tried to shoot them in the back running

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Originally Posted by barstoolguru

this is not passing the smell test, you shot in self defence and they convicted you of discharging a firearm but didn't pull your lic.?? we are not getting the right/whole story

edit: the only reason I can think of is you tried to shoot them in the back running

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Virginia is a state with Duty to Retreat laws, apparently I didn't follow my duties in the eyes of the judge. My lawyer suggested that I go appeal before a jury, but unfortunately the money just wasn't right after paying him to go before the judge along with a 250$ Fine.

I believe the reason my permit was not taken is because I have a clean record or that the judge simply forgot. I can prove that it wasn't taken if you are that bent on proving it.

texas has no duty to retreat but if you are charged or found guilty of a crime they will pull your permit


edit :try texas gun talk, they have some very knowable people that can answer your question

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Originally Posted by Outer_Heaven

Virginia is a state with Duty to Retreat laws, apparently I didn't follow my duties in the eyes of the judge. My lawyer suggested that I go appeal before a jury, but unfortunately the money just wasn't right after paying him to go before the judge along with a 250$ Fine.

I believe the reason my permit was not taken is because I have a clean record or that the judge simply forgot. I can prove that it wasn't taken if you are that bent on proving it.

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Shame about the judge. Perhaps if someone held him in a choke hold and another started wailing on him, he could demonstrate the proper means of retreat?

Judge like that needs to be vacated... and this seems to be the one time I can actually see a reason for the self defense insurance out there.... of course, in reality, it would all have been different if you hadn't missed.

Well, there are several issues, smell test aside. You can of course car carry; that's something for you.

Have you actually been turned down after applying for a permit or simply not tried it. You never know, maybe if you
apply and provide the story and whatnot you'll get it.

I don't have the handbook in front of me, but your "crime" as told sounds about like disturbing the peace. That by itself
shouldn't disqualify you, I don't think.

Uh, even if VA is a duty to retreat state, how can you retreat from a rear naked choke? How did you deploy your gun
while in a RNC with a dude in front kicking you in the gut?

Anyway, I'd apply and if turned down, appeal, and point out that VA didn't lift your license.

If your living in Texas and want to buy a gun you'll have to be on military orders or become a resident, why get rid of your virginia permit you may have permits in more than one state..to help cover reciprocity

If you were convicted of a Class 1 Misd. in Virginia, which by my reading can carry up to 1 year in jail, then you would be ineligible for a TX permit for 5 years after your conviction like you said.

If you apply for your permit and don't put your conviction in the data when you apply, that is a Class A Misd. in TX which carries a penalty of jail time and would extend your ineligibility for 5 years after that convictions. Don't do that.

If you apply for your permit and put your info about the Class 1 in VA, you will be denied and loose your 140 bucks.

As far as FL non resident permit, it seems you would be ineligible there for 3 years after your conviction, so that may knock you out.

As Hopyard suggested, you can carry concealed on your property, including your automobile on public roads. Right now, it seems like you are stuck waiting several years before you will be eligible to carry concealed from pretty much anywhere.

The only other suggestion I have for you is, when you do become eligible for your permit someplace, you spend an extensive amount of time learning the laws of any state which you choose to carry concealed. In the meantime, you might even consider signing up for a good instructors Texas CHL course so they can teach you the finer points of Texas law so you don't get yourself in trouble here if you decide to arm yourself in your home or car. Even though you're not eligible, it seems you would do well to be very informed about Texas Self Defense and Defense of Property laws.

Good luck.

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Originally Posted by jblives2ride

If your living in Texas and want to buy a gun you'll have to be on military orders or become a resident, why get rid of your virginia permit you may have permits in more than one state..to help cover reciprocity

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Well, I moved here to go to a school where my dad will be teaching. In order to get cheaper schooling I had to change my address to my Texas residency. If it were up to me I wouldn't have changed my residency and just held on to my VA CHCP

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Originally Posted by Hopyard

Uh, even if VA is a duty to retreat state, how can you retreat from a rear naked choke? How did you deploy your gun while in a RNC with a dude in front kicking you in the gut?

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My lawyer presented that question to the judge when the prosecutor brought up my duty to retreat.. Apparently the whole situation could have been avoided if I chose to not leave my house while they were outside. I was really upset hearing that because I believed that in America I was supposed to be able to move about without checking who is outside first.

To answer your question as to how I got to my weapon.. When I take out the trash or do some other quick outdoor chore I Mexican carry with my pistol at about the 2 o'clock position, I really put on my iwb holster only when going out of the house for prolonged periods of time.

Since your already on record in VA, why not get a VA non-resident permit?

You are in a very weird situation, and it is heart breaking, that the judge in VA did what he did. Personally, I can understand where you are coming from, and I do have one question.

You said the one grabbed you in a rear naked choke hold, and the other started to beat on you. And if my understanding is correct, this happened outside your home? And even if it didnt, calling and reporting to the police about these guys, I stand by you for doing what is right. But after knowing you have done this, and know that words do leak. Where did your SA go? I understand its your own home, but still knowing these guys are in your neighborhood, i wouldnt completely let my SA go. If so how were they able to come up behind you? Just my thought. Im not saying that you should be paranoid about leaving your house or what not, but someone sneaking up behind you and doing that? Crime happens anywhere, anytime, anyway possible.

None the less, I am sorry about what happen and where it has left you. My recommendation is, like they said above, CCW classes, and What about just sitting down with a lawyer and figuring this out, and as well if you cant carry, but do have to defend yourself some how, get tips from said lawyer on defense. Say someone breaks in to your home, you have a gun, defend yourself. Ask the lawyer with your conviction in VA, how texas would handle the case. If the lawyer would defend you if charged, or has a recommendation on someone who would.... ect ect

Just my $.02