What happens when you are denied a Texas License to Carry (“LTC”)? Although Texas is a “shall issue” state, many people are still denied their LTCs. How can this be? Well, there are many disqualifiers for a License to Carry. Here are a few reasons why you might be denied, and some guidance on what to do next.
In Texas, the most common reason a person is denied their LTC is that they are actually disqualified. The Texas Government Code lists the many requirements for a person to be eligible for an LTC under Texas law.
Among other things, you must typically be 21 years of age and a legal resident of Texas, eligible to possess firearms and ammunition under federal law, and can’t have ever been convicted of a felony, or within five years convicted of a misdemeanor.
Failure to Disclose
Another common reason for delaying your application is failing to disclose criminal history. In the LTC application, the Department of Public Safety asks for the disclosure of all arrests; not just those that resulted in conviction. Something as simple as a public intoxication arrest or a misdemeanor deferred adjudication from 15 years ago, although not disqualifying, would still need to be disclosed. That’s right, even if you were not convicted, you still must disclose. Otherwise, the DPS will delay your application. If you do not disclose your entire criminal history, the Department will delay you and may even deny you, even if you would otherwise be qualified to receive an LTC. That is because they consider failure to disclose a “material misrepresentation.”
It is important to note that if you have records that have been expunged or pardoned, there may be judicial instructions on whether you are required to disclose these records. If this applies to you, you should contact an attorney to discuss whether you must disclose the arrest in your application.
Even if you have properly disclosed everything and you are fully qualified, the process of getting your LTC can still be frustrating. The Department often asks for more information after you have submitted your application.
If you are unable to provide that information, the Department may deny you for an incomplete application after some time. The most common request for additional information relates to criminal history. We recommend getting certified copies of the disposition of any criminal charges you may have faced before attempting to apply for your LTC. With those documents in hand, your responses to the Department will be easier and quicker.
Appealing a Denial
Finally, if you are wrongfully denied your LTC, then you should promptly appeal that denial. The Department will send you a letter indicating your denial and giving instructions on how to appeal. If you do not appeal the denial within the given 30-day deadline, you will have to reapply for your LTC, thus having to start the process all over again.
If you have any questions about obtaining or your eligibility for a License to Carry a Handgun in Texas, call Texas LawShield and ask to speak to your Independent Program Attorney.
I was denied on incorrect info in background check. Attorney in Oklahoma furnished me info proving info was incorrect and I forwarded to Austin. Never received answer or any comment from them????
I would follow Edwin (speaker)’s advice and call TLS and ask to speak to a program attorney if you’re a member. It’s legal advice, confidential as long as you don’t share, included in your membership. Been useful to me.
Does this include traffic tickets?
I haven been denied i just haven heard from the dps office in Austin since i mailed in all my paper work its been over three mos.
They changed the time line because of the Time they were out of the office.
The time right now it’s 180 days same things happened to me and I received it after 120 days but they will tell you on the phone 180
Here’s another gripe. I sent in for my 3rd renewal. Application was accepted but later asked for new finger prints even though they had a set on record taken at the jail in Quitman. Nothing close to me provides that service. I made a 120 mile round trip to Paris.
Prints were taken but rejected. What’s to say the 2nd try won’t be rejected? Then what? How qualified are these contractors that take the prints? Why the need for new prints in the first place?
A friend of mine after sending proof kept calling DPS for updates saying he did not want erroneous information on his profile. It took about 9 months from initial application to getting his LTC. I know it can be frustrating but keep dogging them.
I was arrested when I was 19 now 44 years of age. The charge was theft of fuel or drive off. I was the passenger and did not know he didn’t pay. When I applied for my LTC I did disclose my arrest but couldn’t remember the exact date. The state instructed me to obtain a copy of my arrest record and forward it to them. It took a lot of extra time, about three months but finally received my license. I only spent two hours in a holding cell and was released. Texas is very thorough.
I love GUNS!!
I need to renew my LTC by 04/13 /21 it’s my understanding that I renew 6 months prior… Does anyone know of any problems here in Texas as it relates to Covid 19
Wow, from some of the comments I got lucky. I sent(electronically)my completed paperwork in and received my LTC in 10 working days. Took almost 18 months to get the “hunting & target” pistol permit in NY. Then wait 6 months to apply for the conceal carry”endorsement”. Then waited another year for the court interview and approval
I have been waiting at least three months on mine to be renewed. I have not been arrested in over 30 years. When you renew do you have to go through all the whole process again?
To all asking questions about legal matters even if it’s just how the law works: If you are a member of Texas or US Law Shield, I recommend you follow Edwin (speaker)’s advice: call them up during weekday business hours and ask to speak to a program attorney. It’s legal advice, confidential as long as you don’t share, included in your membership. Been useful to me.
I messed up and did not disclose an arrest back in 2014, they asked for paperwork proving I had the charge deferred. So spent 23 bucks to get the paperwork and get it signed. Sent it in and I just got a letter today saying I was denied. That I didn’t disclose this arrest. Why the heck did they ask me for proof of deferment if they were just going to deny me for not disclosing the arrest. Ugh! Contacting a lawyer, since I am member. Going to keep at it. Never had an issue when I was in NM or WY( I move a lot due to work). But I’m staying in Texas, love it here.
In Texas, on the off chance that you have a License to Carry, you can attract your handgun to hinder the aggressor and secure yourself.