Possible CHL voided now?

This is a discussion on Possible CHL voided now? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; A buddy of mine of 15+yrs was getting all the paper work ready and class setup for his CHL when just the other night (to ...

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Thread: Possible CHL voided now?

  1. #1
    Senior Member Array Frogbones's Avatar
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    Possible CHL voided now?

    A buddy of mine of 15+yrs was getting all the paper work ready and class setup for his CHL when just the other night (to my disappointment) got arrested for DWI. UUGH what a dumb .


    So now he has to fork over several grand for a lawyer and have all this sorted out.

    My question is...does this screw with his ability to get a CHL?

    I think it would, but not sure....Kinda makes me second guess his responsibility for having such a permit. I WAS going to pitch in with him for a handgun....but now I'm just upset with his poor choice of behavior I 'm not sure I want to contribute....I'm kinda put out with him and I let him know it too.

    Even before I got my CHL I stopped all that kind of nonsense. I never drink and drive...heck I don't like drinking any kind of drink..don't like to eat..and really hate talking on the phone....I just like to drive and get where I'm going....mainly cause I drive a standard.

    I'd get harassed jokingly by my buddies on how "uptight"
    "paranoid" etc etc. I've gotten since I've have picked up the seriousness in CC...you know the backing off the drinks (beers) to no almost nothing (like one beer heh) when out while carrying or had the gun in the car, stopped with the quick snippy mouth to strangers, eased up on the driving...just practicing avoidance to confrontations and other things that come along with carrying a firearm. You know, practicing the law abiding and "model citizen" thingy.... to me now that's more a kick than drinking and such. Just kinda wish they get that way....maybe they will learn through my example.....ahahahah don't think so.

    Uugh just kinda pissed me off that he pulled such a shananigun .

    Anyhoo so...Does this ruin his chance to get a CHL in TX?

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  3. #2
    Member Array skot's Avatar
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    I would almost certainly say yes, this will screw up his CCW. I don't know Texas law, but in Nevada you can't have one within the past 5 years. And if you get a DUI after you already have the permit you can kiss it goodbye for 5 years from that day.

    backing off the drinks (beers) to no almost nothing (like one beer heh) when out while carrying or had the gun in the car, stopped with the quick snippy mouth to strangers, eased up on the driving...just practicing avoidance to confrontations and other things that come along with carrying a firearm. You know, practicing the law abiding and "model citizen" thingy....
    Funny, that was one of the side effects of getting the CCW for me too. Actually a very good thing.

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    Senior Member Array KenInColo's Avatar
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    It can't help him, that's for sure.

    Some sheriffs in shall issue states have digression as to whether or not to issue. Here in Colo, If you are denied, you have the right to a hearing but I'm guessing that a recent DUI [here] would be grounds for denial.

    The sheriffs want to know that you recognize & obey all the laws, not just the ones about CCW.

    If you're not responsible enough to not drink & drive, what does that say about how responsible you would be carrying a gun?
    An armed populace are called citizens.
    An unarmed populace are called subjects.

  5. #4
    Member Array Bones129's Avatar
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    Unless he gets it dropped, he probably won't be able to get his license for a few more years.

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    VIP Member Array automatic slim's Avatar
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    Has he already been convicted? His lawyer might be able to work something out with the LEO that arrested him. If he has been convicted, he can appeal and many states allow administrative hearings by the MVD which will also have a bearing on his case. Hopefully his lawyer specializes in DWI law.
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    VIP Member Array dukalmighty's Avatar
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    If It's a class A or B misedemeanor which I'm sure it is and IIRC you can't carry a CHL for 5 years after a DUI conviction,
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    If you are willing to do stupid things with a 3,000 pound weapon, why would you think they are going to let you carry a 35 oz. weapon?

    I think he may have a very looooooong wait ahead...
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    New Member Array DanF's Avatar
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    Almost certain.....

    that you cannot get the license for 5 years after DWI in texas.

  10. #9
    Member Array Firkin's Avatar
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    My guns are never loaded. I always make sure that they are sober.

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    Distinguished Member Array JerryM's Avatar
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    In my mind if one is not responsible and disciplined enough to not drink and drive, he is not responsible enough for a CHL.
    If I remember correctly he could not get one in NM.

    Regards,
    Jerry

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    he can't even apply right now

    Texas Government Code
    Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
    (4) is not charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code, or of a felony under an information or indictment;
    [first DWI offense is class B]

    if he's not convicted then he might be ok

    if he's convicted it will be a five year wait:
    (8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;

    does he drink a lot? he can be denied for being a chemically dependent person also

    Quote Originally Posted by automatic slim View Post
    Has he already been convicted? His lawyer might be able to work something out with the LEO that arrested him.
    not here

    Quote Originally Posted by automatic slim View Post
    If he has been convicted, he can appeal and many states allow administrative hearings by the MVD which will also have a bearing on his case. Hopefully his lawyer specializes in DWI law.
    if he gets convicted he can appeal just like any other trial, but the motor vehicle folks here in Texas is the DPS and they won't have a bearing on a DWI trial or appeal; unless he can successfully appeal a DWI conviction--no CHL
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    Senior Member Array cwblanco's Avatar
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    Quote Originally Posted by DanF View Post
    that you cannot get the license for 5 years after DWI in texas.
    Correct. However, because it is a misdemeanor, he is not prohibited from carrying his firearm in his automobile. It is unofficial opinion that most CHL permittees in Texas do not carry beyond their automobiles anyway.

  14. #13
    Member Array kspilot536's Avatar
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    "does he drink a lot? he can be denied for being a chemically dependent person also"
    VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV VVVVVVVV
    How can they determine if a person drinks a lot without documentation?
    Having 2 beers a day is "A LOT" to a morman.

  15. #14
    Member Array sig1860's Avatar
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    Not good at all.... He' gonna need the $$$ for the insurance surcharges that he'll be hit with.

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    Ex Member Array Oldskoolfan's Avatar
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    Quote Originally Posted by retsupt99 View Post
    If you are willing to do stupid things with a 3,000 pound weapon, why would you think they are going to let you carry a 35 oz. weapon?

    I think he may have a very looooooong wait ahead...
    I agree.

    I think that if you are ticketed for speeding you should lose your CCW. Or a parking ticket because that is like leaving your 3,000 pound weapon lying around in an unsafe location.

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