Montgomery County Gun Charge Lawyer - Who can get a License to Carry a handgun in Texas?
Who Can Get a Texas License to Carry a Handgun? A Breakdown of §411.172
In Texas, carrying a handgun legally under a License to Carry (LTC) comes with strict eligibility rules outlined in Texas Government Code §411.172. Whether you’re a concealed carry enthusiast or just curious, here’s what you need to know about qualifying for an LTC—and what might disqualify you. Let’s dive in!
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The Basics: Who’s Eligible?
To get an LTC, you must check all these boxes:
Residency: Be a legal Texas resident for at least 6 months before applying (or meet out-of-state eligibility under §411.173(a)).
Age: Be at least 21—though there are exceptions for military members and certain protected individuals (more on that later).
No Felonies: No felony convictions, ever.
No Pending Charges: Not currently charged with a felony, Class A or B misdemeanor, or disorderly conduct (§42.01, Penal Code).
Not a Fugitive: No outstanding warrants for felonies or Class A/B misdemeanors.
No Chemical Dependency: Not addicted to drugs or alcohol.
Sound Judgment: Capable of safely handling and storing a handgun (more details below).
Recent Misdemeanors: No Class A or B misdemeanor convictions (or disorderly conduct) in the last 5 years.
Federal/State Compliance: Eligible to buy a handgun under federal and Texas law.
Child Support: Not behind on court-ordered payments.
Taxes/Fees: Not delinquent on state taxes or other government-collected funds.
No Protective Orders: Not under a restraining order tied to spousal relationships (property-only orders don’t count).
Juvenile Record: No felony-grade delinquent conduct adjudications in the last 10 years.
Honesty: No lies or omissions on your application.
Special Cases: Exceptions to the Age Rule
Military Exception: If you’re 18-20 and a current or honorably discharged member of the U.S. armed forces (including reserves or National Guard), you’re eligible if you meet all other rules.
Protective Order Exception: If you’re 18-20 and under an active protective order (e.g., family violence) or emergency magistrate’s order, you can qualify too.
What Counts as a Disqualifier?
The law gets specific about what knocks you out of eligibility:
Felonies: Any offense classified as a felony in Texas (punishable by 1+ years in prison) at the time it was committed counts. If it’s no longer a felony when you apply, you might dodge this bullet (§411.172(b-1)).
Chemical Dependency: Two convictions for Class B or higher offenses involving alcohol or drugs within 10 years of applying tags you as chemically dependent (§411.172(c)).
Sound Judgment: You’re disqualified if a doctor diagnoses you with a psychiatric condition (e.g., schizophrenia, bipolar disorder) that impairs judgment, or if you’ve been involuntarily hospitalized or declared incompetent (§411.172(d-e)). But a psychiatrist’s note saying you’re in remission can clear this (§411.172(f)).
Flowchart: Are You Eligible for an LTC?
Why It Matters
Texas takes LTC eligibility seriously to balance Second Amendment rights with public safety. A felony or recent misdemeanor might bar you for years, while mental health or financial red flags can complicate things further. If you’re unsure about your status, the Texas Department of Public Safety (DPS) reviews applications case-by-case.
Final Thoughts
Navigating §411.172 can feel like a legal maze, but it boils down to this: stay law-abiding, financially responsible, and mentally fit, and you’re likely good to go. Got a specific situation? Legal advice can clarify your odds. Ready to apply? Head to the DPS website and start the process!
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