The 13 statutory disqualifiers — § 411.172(a)
Tex. Gov't Code § 411.172(a) enumerates thirteen distinct disqualifiers. To be eligible for a Texas LTC, an applicant must satisfy ALL thirteen. A single trip wire ends the application.
| § 411.172(a) | Disqualifier | Duration |
|---|---|---|
| (1) | Under 21 years old (with active-military exception at 18) | Until 21st birthday |
| (2) | Not a US citizen / lawful resident | Until status changes |
| (3) | Felony conviction | Permanent (pardon-curable) |
| (4) | Currently charged with Class A/B/felony | Until charge resolves |
| (5) | Fugitive from justice | Until resolved |
| (6) | Chemically dependent (2+ drug/alcohol in 10 yrs) | 10 years from 2nd conviction |
| (7) | Class A/B misdemeanor in past 5 years | 5 years from disposition |
| (8) | Subject to active protective order | During pendency |
| (9) | Incapable of exercising sound judgment | Until determination cleared |
| (10) | Delinquent on child support > $5,000 (Title IV-D) | Until paid current |
| (11) | Delinquent on Texas state taxes | Until paid current |
| (12) | Federally prohibited under 18 U.S.C. § 922(g) | Per federal disability |
| (13) | Otherwise determined incapable by court | Per court order |
Felony convictions and the permanent bar
Any felony conviction — federal or state, violent or non-violent — is a permanent LTC disqualifier under § 411.172(a)(3). Three cure pathways exist:
- Full Texas governor's pardon
- With explicit firearm-restoration language, a full pardon under Tex. Code Crim. Proc. art. 42.071-.075 restores LTC eligibility. Approval rates are roughly 5-10% of applications; the process takes 2-3 years.
- State expunction (CCP ch. 55)
- Rarely available after a felony conviction. Generally requires acquittal, dismissal before trial, or completed pretrial diversion. Expunction destroys the conviction record entirely, ending the LTC disqualifier.
- Federal Presidential pardon
- For federal felony convictions only. Extremely rare — under 1% approval rate.
Note: a non-disclosure (sealing) under Gov't Code ch. 411 does not restore LTC eligibility — it only limits public-access to the record. The conviction remains for DPS-LTC eligibility purposes.
Class A/B misdemeanors and the 5-year clock
Under § 411.172(a)(7), any Class A or Class B misdemeanor conviction triggers a 5-year disqualification. The clock starts at disposition — typically the date of conviction OR the date of successful completion of community supervision/deferred adjudication, whichever is later.
The most-litigated edge case: deferred adjudication that ended successfully. § 411.172(b) says successful deferred is NOT a conviction for LTC purposes — but the 5-year waiting period still runs from successful-completion date for Class A/B offenses. DPS treats it as if a conviction had occurred for clock-running purposes.
DWI convictions: a single DWI (Class B misd, or Class A if BAC ≥.15) triggers the 5-year clock. A second DWI within 10 years triggers the chemical-dependency disqualifier under (a)(6) — running independent of the (a)(7) 5-year clock and barring eligibility for 10 years from the second offense.
Chemical dependency and the 10-year lookback
§ 411.172(a)(6) disqualifies anyone who is "chemically dependent." § 411.171(3) defines this term: two or more convictions in the preceding ten years for any offense involving the use, possession, or distribution of a controlled substance, dangerous drug, alcohol, or other similar substance.
Important practical points:
- Both DWI and BWI (boating while intoxicated) count toward the 2-conviction trigger.
- Drug possession Class A and Class B both count.
- The 10-year lookback runs from the date of LTC application, not from the date of either conviction.
- Successful deferred adjudication for a drug or alcohol offense generally counts toward the 2-conviction trigger.
Protective orders and the federal § 922(g) overlay
An active protective order is an independent LTC disqualifier under § 411.172(a)(8). Magistrate's emergency protective orders (art. 17.292), ex parte orders (Family Code § 83.002), final protective orders (§ 85.025), and art. 7B criminal protective orders all qualify. The disqualifier ends when the order expires or is dissolved.
The federal overlay: § 411.172(a)(12) imports the entire federal 18 U.S.C. § 922(g) disability scheme. So an MCDV conviction (§ 922(g)(9) Lautenberg) is independently disqualifying for LTC even after the 5-year clock runs. The federal disability is lifetime, so the LTC disability is effectively lifetime too. See our FV Firearm Rights calculator for the federal analysis.
Deferred adjudication treatment
§ 411.172(b) provides that successfully completed deferred adjudication generally does not count as a "conviction" for LTC purposes. Two important exceptions:
- The 5-year clock under (a)(7) still runs for Class A/B deferred adjudications, measured from successful-completion date.
- Certain offenses convert to permanent LTC disqualifiers regardless of disposition: family violence (§ 411.171(4)), some drug offenses, and sex offenses. The art. 42.013 affirmative finding of family violence is the most consequential trigger here.
Unsuccessful deferred (revocation and adjudicated guilt) counts as a full conviction for both LTC and federal purposes.
Restoration pathways and pardon options
For each disqualifier, the restoration pathway varies:
| Disqualifier | Restoration |
|---|---|
| Class A/B misdemeanor | Wait 5 years from disposition. Pardon resets clock to zero. Non-disclosure does not help. |
| Chemical dependency | Wait until 10 years have passed since the 2nd qualifying conviction. |
| Felony | Full Texas governor's pardon with firearm-restoration language. Federal pardon for federal felonies. |
| Protective order | Order expiration or vacating under Family Code §§ 87.001-.002. |
| Pending charges | Resolution of the case (dismissal, acquittal, completed deferred without disqualifying disposition). |
| Federal § 922(g) | Full pardon or successful Bruen-era as-applied challenge. |
| Child support / tax | Paying current and obtaining release from the Attorney General / Comptroller. |
DPS application process and required documents
If you clear the § 411.172 disqualifiers, the application process:
- Complete the LTC-100 application via the DPS online portal.
- Complete a DPS-approved handgun training course (4-6 hours, written and shooting components).
- Submit fingerprints via IdentoGo (DPS contracted vendor).
- Pay the $40 application fee ($25 for veterans, retired peace officers, judges).
- Submit proof of Texas residency.
- Wait 60-90 days for DPS review and issuance.
Renewal is required every five years. Renewal applications should be filed in the six-month window before the current license expires.
