Concerned About Your CHL or LTC After A DWI Arrest?
Many Texas residents own a firearm but lawmakers are continually looking for ways to make it tougher for those convicted of serious crimes to own and possess them. The laws are even stricter when it comes to having a concealed handgun license (CHL). What if you are convicted of a DUI or DWI? Will you lose your CHL after a DWI or DUI arrest?
The answer is it’s entirely possible. It will depend on what kind of DWI or DUI charges you face and what the outcomes are.
What impact will a DWI arrest have on my CHL?
Most first-time DWI offenders are charged with a Class B misdemeanor. A DWI charge will automatically lead to a suspension of your firearms license (CHL) until the case is completed. If you plead guilty or are found guilty, your license is then fully revoked. You then must wait five years before applying for a new CHL license.
A second DWI charge in Texas is a class A misdemeanor charge, and you could become ineligible for a concealed handgun license. Texas law states that a person convicted two times, within 10 years, of an alcohol or drug-related offense is chemically-dependent and ineligible to have a firearms license (CHL).
Can I obtain a CHL with a DWI on my record?
Even if you’re convicted of a DWI, that doesn’t automatically disqualify you from simply owning a firearm but you have to wait a minimum of five years after your DWI charge before applying for a CHL.
Can I apply for a CHL with a Felony DWI on my record?
Unfortunately, the answer is no, Texas state law stipulates that anyone convicted of a felony is ineligible for a concealed firearms license. If you are being charged with a felony, it is imperative that you seek the representation of an experienced criminal defense attorney to fight for your firearm rights.
Can I own/possess a firearm with a Felony on my record?
The answer to this question is a bit complicated. Federal law indicates that felons are not allowed to own firearms but Texas State law stipulates that a felon can own a firearm 5 years after the disposition of their case. Furthermore, Federal law indicates that the State law will be followed in this case. The State law has a few stipulations such as excluding individuals charged with domestic violence from ever owning a firearm again.
Have more questions about gun rights in Texas? We are here to help.
If you have a CHL firearm license and face a DWI charge in Texas, be sure to seek help from an experienced DWI defense lawyer. Daniel K. Peugh, with the Peugh Law firm, has been helping individuals protect their gun rights and freedoms after a DWI arrest for over 20 years. Schedule your free consultation today.