Eligibility FAQs

September 29, 2020

1. If I was convicted of Driving While Intoxicated (DWI), am I eligible for a Texas License to Carry a Handgun (LTC)?

DWI is classified as 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. For the purpose of determining eligibility, a conviction includes those that were dismissed after you completed probation or deferred adjudication.

2. If I received deferred adjudication for an offense, am I eligible for a Texas License to Carry a Handgun (LTC)?

Texas Government Code Chapter 411, Subchapter H states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of the order of deferred adjudication, you may not be eligible for a LTC. See GC §411.171 and §411.1711

3. If I was arrested for a crime but the charges were dismissed, am I eligible for a Texas License to Carry a Handgun (LTC)?

If charges were dismissed without prosecution, then they are not disqualifying. A deferred adjudication is not a dismissal without prosecution and is considered a conviction for purposes of the LTC.

4. If I am delinquent in paying child support, am I eligible for a Texas License to Carry a Handgun (LTC)?

Texas Government Code Chapter 411, Subchapter H states an application for a LTC may be denied if the applicant has been finally determined to be delinquent in child support obligations.

5. Am I required to list all arrests on my application, even if the cases were dismissed or if I was found not guilty?

Yes. Applicants are required to report all arrests in order to ensure the background checks can be conducted timely. The application should include the year, the offense, the location and the final disposition. Copies of the dispositions will assist in the timely processing of your application. Applicants should also include information on cases that resulted in probation or deferred adjudication. Failure to provide any requested documentation could result in the termination of an application as incomplete.

6. How do I challenge the criminal history record contained in a Texas Record?

Please visit Criminal History Error Resolution for the procedures to challenge the criminal history record contained in a Texas Record.

7. How do I challenge the criminal history record contained in an FBI Record?

Please visit Challenge of a Criminal Record for the procedures to challenge the criminal history record contained in an FBI Record.

8. Will participation as a patient in the Compassionate Use Program (CUP) affect my eligibility for a Texas License to Carry a Handgun?

A patient’s participation in CUP does not, in itself, disqualify the individual from obtaining or maintaining a License to Carry (LTC).  Notwithstanding that certain medical marijuana programs have been determined by the FBI to disqualify an individual from possessing firearms, the department does not believe this determination applies to Texas’ low-THC cannabis, Compassionate Use Program.

However, the individual’s underlying condition that is the basis for participation in CUP may under certain circumstances be disqualifying.  If the medical condition potentially affects the individual’s ability to exercise sound judgment, the department may refer the matter to the Medical Advisory Board (DSHS) for their review and recommendation. Should the Board find the individual “incapable of exercising sound judgment with respect to the proper use and storage of a handgun,” the department would deny an application or revoke a current LTC.