Unlicensed Carry and LTCs

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Mimi Coffey DWI Lawyer, Texas UCW, Texas LTC, Texas CHL By now the phrase “Constitutional Carry” likely sounds familiar. The general idea is that individuals can now carry a handgun without a license. But, what exactly is going on between Unlicensed Carry and LTCs?

When most people heard about Unlicensed Carry, they probably thought that the whole LTC system was scrapped. That is far from the truth. While the new law amended the LTC system slightly, LTCs still very much exist. Though a license is no longer necessary to carry, there are still benefits to obtaining a license. Put simply, the new law did not repeal the LTC program.

Some Confusing Points Regarding Unlicensed Carry and LTCs

The new law allows most adults who can legally posses guns to carry in public without a license. As expected, this means that those who are not legally allowed to possess guns many not possess or carry without a permit. This includes both federal and state limits on possession. But, what exactly does it mean to be “prohibited” from legally possessing a gun?

Since the law regarding LTCs is still in effect, does that mean that being ineligible for an LTC also means ineligibility for unlicensed carry? The language of the amendments is not exactly clear on this point. To be on the safe side, we recommend avoiding carrying a weapon if you would otherwise be ineligible for an LTC or if your LTC is suspended or revoked.

Why would I even want an LTC? Are there benefits?

This is a very common question. The short answer is: Yes, there are still benefits to obtaining a License to Carry.

Perhaps the main draw of a License to Carry is that it makes purchasing a gun easier. Put another way, it eases the process by either allowing license holders to skip a background check, or by simplifying the check (fewer hoops to jump through).

Another reason is to allow you to carry in states that do not currently have unlicensed carry. “Reciprocity” is the term. This term means that a Texas LTC can be used in states that acknowledge that LTC. Just for illustration (and not complete accuracy), say that you entered Oklahoma without an LTC and that Oklahoma does not have unlicensed carry. By carrying without a valid LTC, you would be breaking Oklahoma law. On the other hand, with a valid LTC you would have permission to carry as long as Oklahoma accepts a Texas LTC.

Some lesser know Benefits of a Texas LTC are:

Certain protections when accidentally carrying in the secured area of an airport
Some businesses still restrict carrying on their property only to license holders
“Campus Carry” did not change, so campuses still require an LTC
Usable as a separate form of ID (for voter ID purposes, as an example)

One Small Federal Note About Unlicensed Carry and LTCs

Federal law applies regardless of unlicensed or licensed carry. The one small, but important, restriction is that federal law restricts possession of a gun if you have a conviction for any crime that is punishable by more than 1 year of jail or prison. The word “punishable” is very important. That words means that if the range of punishment includes more than 1 year of jail, than you cannot possess a gun even if you did not ACTUALLY receive more than one year of jail.

More about Mimi Coffey & The Coffey Firm

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.

Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI Lawyer, Dallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

19 October

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Fake Deferred on Licenses to Carry

Posted by Mimi Coffey

in Helpful Legal Information

Mimi Coffey DWI Lawyer, Texas DWI, Texas ALR, Texas License Suspension, Texas UCW, Texas LTC Be wary about the effect of the Fake Deferred on Licenses to Carry. Do not let deferred adjudication fool you. While there are many benefits to deferred adjudication, such as somewhat easier requirements for a nondisclosure, there are also many nonsensical rules. As mention in another blog, sometimes deferred adjudication counts as a conviction for enhancement purposes. This occurs frequently for Deferred Adjudication DWI and Deferred Adjudication Family Violence.

But, you may not know that deferred adjudication also affects your License to Carry. Despite the new ‘Constitutional Carry’ law, Licenses to Carry are still very relevant. In other words, the ‘Constitutional Carry’ law did not repeal or abolish the current LTC law, but only amended it slightly.

Fake Deferred “Convictions” and Licenses To Carry

Deferred adjudication is still a “conviction” under the current LTC law. Texas Govt. Code 411.171(4). Also under the current law, you are ineligible for an LTC if you have a “conviction” for a class A or B misdemeanor within 5 years. Texas. Govt. Code 411.172(a)(8). Further, if you have 2 class B convictions for alcohol-related crimes (such as DWI) within 10 years, you become a “chemically dependent person” and are absolutely ineligible for an LTC. 411.172(c). This means that a fake deferred on your first DWI plus another DWI, even if reduced, means losing your LTC for life.

Again, Deferred Adjudication has many benefits. But, please keep some of the drawbacks in mind as well.