(1) is a legal resident of this state
for the six-month period preceding the date of application under this subchapter
or is otherwise eligible for a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a
(4) is not charged with the commission
of a Class A or Class B misdemeanor or equivalent offense, or of an offense
42.01, Penal Code, or equivalent offense, or of a felony under an
information or indictment;
(5) is not a fugitive from justice for
a felony or a Class A or Class B misdemeanor or equivalent offense;
(6) is not a chemically dependent
(7) is not incapable of exercising
sound judgment with respect to the proper use and storage of a handgun;
(8) has not, in the five years
preceding the date of application, been convicted of a Class A or Class B
misdemeanor or equivalent offense or of an offense under Section
42.01, Penal Code, or equivalent offense;
(9) is fully qualified under
applicable federal and state law to purchase a handgun;
(10) has not been finally determined
to be delinquent in making a child support payment administered or collected by
the attorney general;
(11) has not been finally determined
to be delinquent in the payment of a tax or other money collected by the
comptroller, the tax collector of a political subdivision of the state, or any
agency or subdivision of the state;
(12) is not currently restricted under
a court protective order or subject to a restraining order affecting the spousal
relationship, other than a restraining order solely affecting property
(13) has not, in the 10 years
preceding the date of application, been adjudicated as having engaged in
delinquent conduct violating a penal law of the grade of felony; and
(14) has not made any material
misrepresentation, or failed to disclose any material fact, in an application
submitted pursuant to Section
(b) For the purposes of this section,
an offense under the laws of this state, another state, or the United States is:
(1) except as provided by Subsection
(b-1), a felony if the offense, at the time the offense is committed:
(A) is designated by a law of this
state as a felony;
(B) contains all the elements of an
offense designated by a law of this state as a felony; or
(C) is punishable by confinement for
one year or more in a penitentiary; and
(2) a Class A misdemeanor if the
offense is not a felony and confinement in a jail other than a state jail felony
facility is affixed as a possible punishment.
(b-1) An offense is not considered a
felony for purposes of Subsection (b) if, at the time of a person's application
for a license to carry a handgun, the offense:
(1) is not designated by a law of this
state as a felony; and
(2) does not contain all the elements
of any offense designated by a law of this state as a felony.
(c) An individual who has been
convicted two times within the 10-year period preceding the date on which the
person applies for a license of an offense of the grade of Class B misdemeanor
or greater that involves the use of alcohol or a controlled substance as a
statutory element of the offense is a chemically dependent person for purposes
of this section and is not qualified to receive a license under this subchapter.
This subsection does not preclude the disqualification of an individual for
being a chemically dependent person if other evidence exists to show that the
person is a chemically dependent person.
(d) For purposes of Subsection (a)(7),
a person is incapable of exercising sound judgment with respect to the proper
use and storage of a handgun if the person:
(1) has been diagnosed by a licensed
physician as suffering from a psychiatric disorder or condition that causes or
is likely to cause substantial impairment in judgment, mood, perception, impulse
control, or intellectual ability;
(2) suffers from a psychiatric
disorder or condition described by Subdivision (1) that:
(A) is in remission but is reasonably
likely to redevelop at a future time; or
(B) requires continuous medical
treatment to avoid redevelopment;
(3) has been diagnosed by a licensed
physician, determined by a review board or similar authority, or declared by a
court to be incompetent to manage the person's own affairs; or
(4) has entered in a criminal
proceeding a plea of not guilty by reason of insanity.
(e) The following constitutes evidence
that a person has a psychiatric disorder or condition described by Subsection
(1) involuntary psychiatric
(2) psychiatric hospitalization;
(3) inpatient or residential substance
abuse treatment in the preceding five-year period;
(4) diagnosis in the preceding
five-year period by a licensed physician that the person is dependent on
alcohol, a controlled substance, or a similar substance; or
(5) diagnosis at any time by a
licensed physician that the person suffers or has suffered from a psychiatric
disorder or condition consisting of or relating to:
(A) schizophrenia or delusional
(B) bipolar disorder;
(C) chronic dementia, whether caused
by illness, brain defect, or brain injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder;
(F) antisocial personality disorder.
(f) Notwithstanding Subsection (d), a
person who has previously been diagnosed as suffering from a psychiatric
disorder or condition described by Subsection (d) or listed in Subsection (e) is
not because of that disorder or condition incapable of exercising sound judgment
with respect to the proper use and storage of a handgun if the person provides
the department with a certificate from a licensed physician whose primary
practice is in the field of psychiatry stating that the psychiatric disorder or
condition is in remission and is not reasonably likely to develop at a future
(g) Notwithstanding Subsection (a)(2),
a person who is at least 18 years of age but not yet 21 years of age is eligible
for a license to carry a handgun if the person:
(1) is a member or veteran of the
United States armed forces, including a member or veteran of the reserves or
(2) was discharged under honorable
conditions, if discharged from the United States armed forces, reserves, or
national guard; and
(3) meets the other eligibility
requirements of Subsection (a) except for the minimum age required by federal
law to purchase a handgun.
(h) The issuance of a license to carry
a handgun to a person eligible under Subsection (g) does not affect the person's
ability to purchase a handgun or ammunition under federal law.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff.
Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.03(a), 9.04(a),
eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 255, Sec. 1, eff. Sept. 1, 2003.
Acts 2005, 79th Leg., Ch. 486 (H.B.
322), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B.
2730), Sec. 11.03, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B.
910), Sec. 17, eff. January 1, 2016.