Texas Livense to Carry Eligibility

Sec. 411.172. ELIGIBILITY.

(a) A person is eligible for a license to carry a handgun if the person:

(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 felony;

(4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under  Section 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 person;

(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 interests;

(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 411.174 .

(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 (d)(1):

(1) involuntary psychiatric hospitalization;

(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 disorder;

(B) bipolar disorder;

(C) chronic dementia, whether caused by illness, brain defect, or brain injury;

(D) dissociative identity disorder;

(E) intermittent explosive disorder;  or

(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 time.

(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 national guard;

(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.