Rickey’s Shooting Sports LTC / CHL Preparation Class

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Presentation transcript:

Rickey’s Shooting Sports LTC / CHL Preparation Class Welcome To Rickey’s Shooting Sports LTC / CHL Preparation Class

Rickey’s Shooting Sports LTC / CHL Preparation Class This LTC Prep or the LTC Certification Class is not entered to be a Pistol How To or Safety Class. It is assumed that you have the required Basic Safety , Operations Skills and Knowledge to handle the firearm you are entered on using. Purpose: To provide the student with the basic requirements and forms to obtain a LTC License and to answer many of the questions that well not be covered in the LTC class. Class Goal: Is to help the student to decrease search time and cost to process their LTC License Application. Class Time: This class will be 2 to 4 hours long not counting break times.

Rickey’s Shooting Sports LTC / CHL Preparation Class Subjects to be Covered in the Prep Class: 1. Application Requirements 2. Eligibility Requirements 3. Training Requirements 4. Laws that relate to carrying a handgun 5. Reciprocity Questions 6. Administrative Enforcement Actions 7. Required Equipment For TLC Shooting Qualification Test 8. Form Preparation

Rickey’s Shooting Sports LTC / CHL Preparation Class Application Requirements (1.) Texas Government Code Chapter 411, Subchapter H sets out the eligibility criteria that must be met. Applicants must be at least 21 years of age (unless active duty military) and must meet Federal qualifications to purchase a handgun. A number of factors may make individuals ineligible to obtain a license, such as: felony convictions, some misdemeanor convictions, including charges that resulted in probation or deferred adjudication; certain pending criminal charges; chemical or alcohol dependency; certain types of psychological diagnoses, and protective or restraining orders. The state eligibility requirements can be found in GC §411.172. The federal firearms disqualifiers can be found in 18 USC 44 §922. You must also submit a completed application, pay the required fees, complete all required training and submit required supplemental forms and materials. (2.) Applicants for an original (first-time) LTC should submit an online application, and schedule an appointment for fingerprinting. Applicants must also complete four to six hours of classroom training, pass a written examination and pass a proficiency demonstration (shooting). All classroom and proficiency must be conducted in Texas by a LTC instructor certified by DPS. Upon successful completion of the training class, the instructor should provide each student with a Certificate of Training (CHL-100). It is the student’s responsibility to submit this form to DPS to complete the application. Instructors should not submit the form for the student. For detailed information regarding training requirements and to locate a certified LTC instructor, see Training Requirements.

Rickey’s Shooting Sports LTC / CHL Preparation Class Application Requirements (3.) The standard fee for an original LTC is $140. The standard fee for a renewal of a LTC is $70. However, Texas law provides for some discounts if you meet certain special conditions. A complete list of fees along with the special conditions can be found on the fee schedule. NOTE: Fees are non-refundable and non-transferrable. If an application is not approved, the fees will not be refunded. (4.) Per Texas Government Code §411.173, legal residents of another state or persons who relocate to Texas with the intent to establish residency may obtain an LTC. Those individuals must submit an application, pay the required fees, successfully complete the required training in Texas and submit all supporting documents. They also must submit form CHL-6, two passport style photos and a copy of their out of state driver license or state issued identification card. Note, however, that all LTC applicants must be legal residents of Texas or another state. (5.) Subject to the requirements of federal firearms law, and if not otherwise ineligible, resident aliens and certain nonimmigrant aliens who are legally present in the United States may obtain the license. (6.) Initial licenses are valid for four years. Renewal licenses are valid for five years.

Rickey’s Shooting Sports LTC / CHL Preparation Class Eligibility Requirements (1.) DWI is classified as at least a Class B misdemeanor, and you are ineligible for a license for five years after a conviction for a Class A or Class B misdemeanor. For the purpose of determining eligibility, a conviction includes those that were dismissed after you completed probation or deferred adjudication. (2.) Texas Government Code Chapter 411, Subchapter H states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of the order of deferred adjudication, you may not be eligible for a LTC. See GC §411.171 and §411.1711

Rickey’s Shooting Sports LTC / CHL Preparation Class Eligibility Requirements (3.) If charges were dismissed without prosecution, then they are not disqualifying. A deferred adjudication is not a dismissal without prosecution and is considered a conviction for purposes of the LTC. (4.) Texas Government Code Chapter 411, Subchapter H states an application for a LTC may be denied if the applicant has been finally determined to be delinquent in child support obligations. (5.) Applicants are required to report all arrests in order to ensure the background checks can be conducted timely. The application should include the year, the offense, the location and the final disposition. Copies of the dispositions will assist in the timely processing of your application. Applicants should also include information on cases that resulted in probation or deferred adjudication. Failure to provide any requested documentation could result in the termination of an application as incomplete.

Rickey’s Shooting Sports LTC / CHL Preparation Class Training Requirements (1.) An original (first-time) LTC applicant must complete classroom training, pass a written examination and pass a proficiency demonstration (shooting). All classroom and proficiency must be conducted by an LTC instructor certified by DPS. The classroom instruction may be a four to six hour course and must cover the four (4) statutory required topics: Laws that relate to weapons and the use of deadly force Handgun use and safety, including use of restraint holsters and methods to ensure the secure carrying of openly carried handguns Non-violent dispute resolution Proper storage practices for handguns with an emphasis on storage practices that eliminate the possibility of accidental injury to a child Training material related to the safe storage of handguns may be found on Safe Storage.pdf See LTC Qualification Course Requirements (pdf) for the proficiency demonstration (shooting) requirements. To locate a DPS-certified LTC instructor, see Instructor List.

Rickey’s Shooting Sports LTC / CHL Preparation Class Laws that relate to carrying a handgun (1.) You can begin carrying your handgun upon receipt of the physical license. As a reminder, HB 910 related to open carry becomes effective January 1, 2016. Issuance of the LTC prior to the effective date does not provide authority for license holders to carry openly before the effective date of the new law. (2.) There is no grace period or extension for an expired LTC, even if your renewal application has been submitted. You must wait until you receive the LTC before you are allowed to carry a handgun.

Rickey’s Shooting Sports LTC / CHL Preparation Class Laws that relate to carrying a handgun (3.)Effective January 1, 2016, Texas Penal Code Chapter 46 will be amended to prohibit carrying the handgun in plain view unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Texas Government Code, and the handgun is carried in a shoulder or belt holster. License holders may still choose to carry a concealed handgun in any location that is not expressly prohibited by law in locations permitted by law. NOTE: License holders are reminded that carrying of a handgun in certain places is still prohibited under Penal Code Chapter 46. Additionally, handguns may not be carried openly on the campus of an institution of higher education pursuant to Government Code, Section 411.2031, added by SB 11 (84th Legislature), and Penal Code, Section 46.035, as amended by HB 910 (84th Legislature). (4.) HB 910, passed by the 84th Texas Legislature, allows license holders to openly carry a handgun in a shoulder or belt holster. The law does not specify any particular type of shoulder or belt holster. Training material related to the use of restraint holsters and methods to ensure the secure carrying of openly carried handguns may be found on Use of Restraint Holsters (PDF).

Rickey’s Shooting Sports LTC / CHL Preparation Class Laws that relate to carrying a handgun (5.) A license holder may carry a handgun anywhere in Texas that is not expressly prohibited by law. Those prohibitions appear in several provisions of the Texas Penal Code. For example, §46.035, Texas Penal Code prohibits carrying of handguns and other weapons: On the premises of a business that derives 51% or more of its income from the sale or service of alcoholic beverages for on-premises consumption; such premises are required to post notices under Texas GC §411.204 On the premises where a high school, collegiate, or professional sporting or interscholastic event is taking place On the premises of a correctional facility On the premises of a hospital or nursing home if effective notice of prohibition is given per Penal Code Chapter 30 (unless the licensee has written authorization); such premises also are required to post notices under Texas GC §411.204 In an amusement park (if effective notice of prohibition is given per Penal Code Chapter 30) On the premises of a church, synagogue, or other place of worship (if effective notice of prohibition is given per Penal Code Chapter 30) At any meeting of a governmental entity (if the meeting is subject to the Texas Open Meetings Act per Government Code Chapter 551, and effective notice of prohibition is given per Penal Code Chapter 30)

Rickey’s Shooting Sports LTC / CHL Preparation Class Laws that relate to carrying a handgun In addition, §46.03, Texas Penal Code specifically prohibits handguns in the following locations: On the physical premises of a school, grounds or buildings on which an activity sponsored by a school is being conducted, or in a school transportation vehicle; On the premises of a polling place on the day of an election or while early voting is in progress; On the premises of any government court or court offices (unless the licensee has written authorization from the court); On the premises of a racetrack; In or into a secured area of an airport; or Within 1,000 feet of premises designated as a place of execution on the day a sentence of death is set to be imposed.

Rickey’s Shooting Sports LTC / CHL Preparation Class Laws that relate to carrying a handgun With respect to possession in motor vehicles or watercraft, Penal Code Section 46.02 provides that a person may possess a handgun in his or her motor vehicle or watercraft so long as the handgun is concealed and the person is not: Engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; Prohibited by law from possessing a firearm; or A member of a criminal street gang, as defined by Penal Code Section 71.01. The requirement that the weapon be concealed does not apply to a person licensed under the License to Carry a Handgun statute who is carrying the handgun in a shoulder or belt holster. Be advised that Sections 46.02, 46.03 and 46.035 provide numerous exceptions and defenses to prosecution that may apply and should be carefully reviewed.

Rickey’s Shooting Sports LTC / CHL Preparation Class Laws that relate to carrying a handgun (6.) Private property owners may exclude license holders from carrying concealed handguns on their property by giving the license holder effective notice as provided in Section 30.06, Texas Penal Code. Effective 1/1/2016, private property owners may exclude license holders from carrying openly on their property by giving the license holder effective notice as provided by Section 30.07, Texas Penal Code. For the purpose of these two statutory sections, the owner of the property or someone with apparent authority to act for the owner may provide effective notice. (7.) Effective 1/1/2016, a sign posted under §30.06, Texas Penal Code, must do the following: Include the following text in English and in Spanish: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun” Appear in contrasting colors with block letters at least one inch in height; and Be displayed in a conspicuous manner clearly visible to the public. Include the following text in English and in Spanish: “Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly.” Be displayed in a conspicuous manner clearly visible to the public at each entrance to the property. DPS does not furnish or sell these signs. Private property owners may print the signs or purchase the signs from a commercial printing company.

Rickey’s Shooting Sports LTC / CHL Preparation Class Laws that relate to carrying a handgun (8.) Sections 30.06 and 30.07, Texas Penal Code, give private property owners some options in how to convey notice to LTC holders. But if the private property owner chooses to post a notice, it must comply with the 1-inch block-letter, contrasting color, and other requirements specified in Sections 30.06 and 30.07. (9.) Until January 1, 2016, it is a Class A misdemeanor for a license holder to carry a concealed handgun onto private property after receiving effective notice under §30.06, Texas Penal Code. Effective January 1, 2016, it is a Class C misdemeanor punishable by a fine not to exceed $200 for a license holder to carry a concealed handgun onto private property after receiving effective notice under §30.06, Texas Penal Code, or to openly carry a handgun onto private property after receiving effective notice under §30.07, Texas Penal Code. Note, after January 1, 2016, the offense will be enhanced to a Class A misdemeanor if it is shown at trial that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) (of §30.06 or §30.07)and subsequently failed to depart.

Rickey’s Shooting Sports LTC / CHL Preparation Class Laws that relate to carrying a handgun (10.) Per Senate Bill 273 (84th Legislature), state agencies and political subdivisions cannot use §30.06, Texas Penal Code, to exclude concealed handguns from their government property. In fact, if a state agency or political subdivision unlawfully posts a sign under §30.06, the state agency or political subdivision can be fined $1,000-$1,500 for the first offense and $10,000-$10,500 for each subsequent offense. Note, however, that license holders are still prohibited from carrying their handguns on the premises listed in §46.03 and §46.035 of the Texas Penal Code, and those places include some properties owned by state agencies and political subdivisions (e.g., courts). (11.) A person may be subject to criminal sanctions and/or civil liability depending on the circumstances. License holders should be aware of the potential criminal sanction under Texas Penal Code §42.01 related to disorderly conduct. Licensees should also know that municipalities may adopt an ordinance related to discharge of firearms within city limits per Local Government Code Chapter 229. (12.) Texas law does not address the number of handguns a license holder may carry.

Rickey’s Shooting Sports LTC / CHL Preparation Class Reciprocity Questions (1.) If there is a reciprocity agreement with Texas, then you may be eligible to carry a handgun in the other state. A reciprocal agreement does not automatically authorize a Texas license holder to carry in another state. It is important to review the agreement for specific details or limitations. Reciprocal agreements and unilateral proclamations can be found on our website at: Reciprocity map. (2.) If you are in a state that has reciprocity with Texas, you must follow that state’s laws for carrying a handgun. The same responsibility applies to anyone from another state when traveling in Texas; they must follow Texas laws for carrying a handgun. Most states will have a website for their carry licenses or permits that specify their laws. Alternatively, you may contact the other state and ask what their laws are for carrying a handgun while in that state. Reciprocal agreements and unilateral proclamations can be found on our website at: Reciprocity map.

Rickey’s Shooting Sports LTC / CHL Preparation Class Administrative Enforcement Actions (1.) Texas Government Code §411.187 requires DPS to suspend a license, if the license holder is charged with a Class A, or Class B misdemeanor offense. (2.)Texas Government Code §411.171(a)(8) states a person is not eligible for a LTC, for a Class A or Class B conviction within five (5) years before the date of application. Once you meet the eligibility requirements, you will not be eligible to reapply for two (2) years following the end of the cause for revocation. See Texas Government Code §411.186.

Rickey’s Shooting Sports LTC / CHL Preparation Class Equipment Need To Perform Shooting Qualification Test: (1) Hand Gun You Intend to Use (2) At Less 50 Rounds of Ammo For the Gun You Intend on Using (Extra Ammo is a Good Idea) (3) Over the Ear Hearing Protection (4) Eye Protection (Glasses) (5) A Towel to Lay Your Hand Gun on (6) No Lose Fitting Clothing (7) No Opened Toe Shoes (8) Long Pants Only (9) A State Approved Drivers License or ID Card

Rickey’s Shooting Sports LTC / CHL Preparation Class Needed Documents: License to Carry A Handgun Laws (updated March 2016) (CHL-16) For Study Only Renewal License Application (CHL-77) Application ( HCL-78A) Filed on Line or Mail in Address History (CHL-78B) File on Line or Mail in Criminal History (HCL-78C) File on Line or Mail in Authorization for Release of Records (CHL-85) Must be Notarized Knowledge of Laws and Eligibility Affidavit (CHL-86) Must be Notarized Training Completion ( CHL-100) CHL / LTC Instructor Will Issue Money Order, Cashers Check if Mailed or Credit Card if Filed Online A Copy of the Recite From Company that Performed the Fingers and Phots DD214 Military Discharge (Form For Military Discount) Qualification Test For Information Only Fee Schedule For Information Only

Rickey’s Shooting Sports LTC / CHL Preparation Class Online Document Disposition Step 1 Go online to https://www.dps.texas.gov Step 2 Choose Handgun Licenses Step 3 Choose Application Step 4 Choose New Application Step 5 Complete Application Requirement Forms and Pay Fees Step 6 You well receive an Email from the DPS instructing you who to call for Fingerprints and Phots Appointment (Keep Your Receipt to be added to your documents) Step 7 After you complete Fingerprints ( Finish the rest of the required documents and scan them into a PDF File) Step 8 Email Your Documents to DPS at: https://www.dps.texas.gov/rsd/contact/chlatt.aspxat

Rickey’s Shooting Sports LTC / CHL Preparation Class Mail in Application: If you mail in your Application you well have to wait till you receive written conformation back from DPS before you can complete Fingerprints and Phots Mail Including Payment: Texas Department of Public Safety PO Box 15888 Austin, TX 78761-5888 Mail Without Payment: Texas Department of Public Safety Handgun Licensing - MSC 0245 PO Box 4087 Austin, TX 78773-0001