[firefighter1]

4 GC §411.172. TEXAS CONCEALED HANDGUN LAWS
a license under this subchapter unless the order of deferred adjudication
was entered against the person for:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable
under Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains
elements that are substantially similar to the elements of an offense listed
in Subdivision (1).
GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed 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:
TEXAS CONCEALED HANDGUN LAWS GC §411.172. 5
(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
concealed 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 the10-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;
6 GC §411.173. TEXAS CONCEALED HANDGUN LAWS
(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 concealed 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 concealed handgun to a
person eligible under Subsection (g) does not affect the person's ability
to purchase a handgun or ammunition under federal law.

PC §46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly carries
on or about his or her person a handgun, illegal knife, or club if the
person is not:
(1) on the person's own premises or premises under the person's
control; or
(2) inside of or directly en route to a motor vehicle that is owned
by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly,
or recklessly carries on or about his or her person a handgun in a
motor vehicle that is owned by the person or under the person's
control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor
that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section
71.01.
(a-2) For purposes of this section, "premises" includes real property
and a recreational vehicle that is being used as living quarters, regardless
of whether that use is temporary or permanent. In this subsection,
"recreational vehicle" means a motor vehicle primarily designed as
temporary living quarters or a vehicle that contains temporary living
quarters and is designed to be towed by a motor vehicle. The term
includes a travel trailer, camping trailer, truck camper, motor home,
and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this
section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the
offense is committed on any premises licensed


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