License to Carry Denials & Revocations in Corpus Christi: Protecting Your Right to Carry

For law-abiding Texans, a License to Carry (LTC) represents more than just a piece of plastic. It is the key to exercising your Second Amendment rights, protecting yourself and your family, and participating in a cherished Texas tradition. When your application is denied, or your existing license is revoked, it can feel like your rights have been stripped away. In Corpus Christi and throughout the Coastal Bend, the Texas Department of Public Safety (DPS) has broad authority to deny or revoke LTCs based on criminal history, mental health records, protective orders, and other factors. But a denial or revocation is not necessarily permanent. With the right legal representation, you can challenge the decision, appeal the denial, and fight to restore your right to carry.

At Barton & Associates, Attorneys at Law, we help individuals throughout Corpus Christi and the Coastal Belt who have been denied a License to Carry or have had their license revoked. Whether your application was denied due to a prior arrest, a mental health commitment, or a protective order, we provide the aggressive, knowledgeable representation you need to challenge the decision and restore your rights. With extensive experience in administrative appeals and a deep understanding of Texas firearms laws, we guide our clients through every stage of the appeals process.

Understanding the Texas License to Carry (LTC)

A Texas License to Carry allows a person to carry a handgun in public, either openly or concealed, subject to certain restrictions. To obtain an LTC, an applicant must meet specific eligibility requirements set by the Texas Government Code.

Eligibility Requirements

To be eligible for a License to Carry, an applicant must:

• Be at least 21 years old (or 18 if active duty military)

• Complete a state-approved training course

• Pass a criminal background check

• Not be prohibited by state or federal law from possessing firearms

• Not have been convicted of certain offenses, including:

  • Felonies

  • Class A or Class B misdemeanors within the last five years

  • Family violence offenses

  • Certain drug offenses

Disqualifying Factors

An application may be denied or a license revoked if the applicant:

• Has been convicted of a felony

• Has been convicted of a Class A or Class B misdemeanor within the last five years

• Is currently subject to a protective order

• Has been adjudicated as mentally defective or committed to a mental institution

• Is charged with a felony or Class A or Class B misdemeanor

• Has been convicted of certain family violence offenses

• Has been convicted of certain drug offenses

• Is a fugitive from justice

• Is unlawfully present in the United States

Why LTC Applications Are Denied

LTC applications are most commonly denied for reasons related to criminal history, mental health, or protective orders:

Criminal History

A prior conviction—even if it was years ago—can result in denial. Disqualifying offenses include:

• Any felony conviction (lifetime disqualification)

• Class A or Class B misdemeanor convictions within the past five years

• Any family violence conviction (lifetime disqualification)

• Certain drug offenses

Arrests Without Conviction

Even if you were never convicted, an arrest can trigger a denial. DPS conducts a thorough background check and may flag arrests that were dismissed or resulted in deferred adjudication. An attorney can help you challenge these denials.

Protective Orders

If you are currently subject to a protective order, you are prohibited from possessing firearms under federal law. Your LTC application will be denied, and any existing license will be revoked.

Mental Health Records

If you have been adjudicated as mentally defective or have been committed to a mental institution, you are prohibited from possessing firearms. This can result in denial or revocation.

Pending Charges

If you have pending criminal charges—even misdemeanors—your application will be denied until the charges are resolved.

Why LTCs Are Revoked

An existing License to Carry can be revoked for many of the same reasons that applications are denied:

New Criminal Convictions

If you are convicted of a disqualifying offense after receiving your LTC, DPS will revoke your license. This includes:

• Any felony conviction

• Class A or Class B misdemeanor convictions

• Family violence convictions

Protective Orders

If a protective order is issued against you, your LTC will be revoked, and you must surrender your firearms.

Mental Health Adjudications

If you are adjudicated as mentally defective or committed to a mental institution, your license will be revoked.

Failure to Notify DPS

LTC holders are required to notify DPS of certain changes, including address changes and certain arrests. Failure to notify can result in revocation.

The Appeals Process

When your LTC application is denied or your license is revoked, you have the right to appeal. The process is administrative, not criminal, but the stakes are just as high.

Step 1: Notice of Denial or Revocation

DPS will send a written notice explaining the reason for the denial or revocation. The notice will inform you of your right to appeal.

Step 2: Request a Hearing

To appeal, you must submit a written request for a hearing within the time specified in the notice—typically 30 days. Failure to request a hearing within the deadline can result in forfeiture of your appeal rights.

Step 3: Administrative Hearing

The hearing is conducted by the State Office of Administrative Hearings (SOAH). At the hearing, you have the opportunity to present evidence, call witnesses, and argue why the denial or revocation should be reversed.

Step 4: SOAH Decision

The administrative law judge issues a proposal for decision. DPS then issues a final order. If the final order affirms the denial or revocation, you may appeal to a district court.

Step 5: District Court Appeal

If you are dissatisfied with the final order, you may file an appeal in district court. This is a judicial review of the administrative decision.

Challenging a Denial Based on Criminal History

If your application was denied based on criminal history, there are several potential avenues for relief:

Expungement and Nondisclosure

If your arrest or conviction has been expunged or sealed through nondisclosure, DPS may not consider it. An attorney can help you determine whether expungement or nondisclosure is available and assist with the process.

Restoration of Rights

Under Texas law, certain felons may have their firearm rights restored after five years if they meet specific criteria. This process can clear the way for an LTC application.

Challenging the Underlying Record

Sometimes, criminal history records are inaccurate or incomplete. Your attorney can challenge the accuracy of the records DPS used to deny your application.

Showing Rehabilitation

In some cases, you can present evidence of rehabilitation to demonstrate that you are not a danger to public safety.

Challenging a Denial Based on Mental Health Records

Mental health denials can be particularly challenging. Options for relief include:

Challenging the Accuracy of Records

Mental health records may be inaccurate or may reflect a condition that no longer exists. Your attorney can challenge the records and present evidence of your current mental health status.

Restoration of Rights

Under federal law, a person who has been adjudicated as mentally defective may have their rights restored if they obtain a certificate from a court or mental health agency stating that they have been restored to competency.

The Role of Expungement and Nondisclosure

Expungement and nondisclosure can be powerful tools for clearing the path to an LTC:

Expungement

Expungement erases a criminal record as if it never occurred. If your arrest or conviction is expunged, DPS cannot consider it in your LTC application.

Nondisclosure

Nondisclosure seals a criminal record, making it confidential. While DPS may still have access to sealed records in some circumstances, nondisclosure can improve your chances of approval.

Frequently Asked Questions About LTC Denials & Revocations

Why was my LTC application denied?

Common reasons include criminal history (felony convictions, misdemeanors within five years, family violence), protective orders, mental health records, or pending charges. DPS will provide a written explanation.

Can I appeal an LTC denial?

Yes. You have the right to request a hearing before the State Office of Administrative Hearings (SOAH). You must request the hearing within the time specified in the denial notice.

How long does an appeal take?

The timeline varies. An administrative hearing may be scheduled within a few months. A district court appeal can take longer.

Can I get my LTC if I have a misdemeanor conviction?

It depends. Class A and Class B misdemeanors are disqualifying for five years from the date of conviction. After five years, you may be eligible.

Can I get my LTC if I have a felony conviction?

Generally, no. A felony conviction results in a lifetime prohibition on firearm possession under federal law. However, some individuals may have their rights restored under Texas law after five years.

What happens if my LTC is revoked?

If your LTC is revoked, you must surrender your license and any firearms you possess if you are now a prohibited person. Failure to surrender can result in additional charges.

Can I get my LTC back after it is revoked?

If the basis for revocation was a temporary condition—such as a protective order that has expired—you may be able to reapply. If the revocation was based on a conviction that permanently disqualifies you, you may need to seek restoration of rights.

Do I need an attorney to appeal an LTC denial?

While you can represent yourself, the appeals process is complex and involves strict deadlines and evidentiary requirements. An experienced attorney can help you navigate the process and present the strongest possible case.

What is the difference between expungement and nondisclosure?

Expungement erases the record entirely. Nondisclosure seals the record but does not destroy it. Both can help with LTC applications, but expungement is more complete.

How can I find out why my application was denied?

DPS will send a written notice explaining the reason for the denial. If you have not received notice, your attorney can contact DPS to obtain the information.

Why Barton & Associates Is the Right Choice for Your LTC Appeal

A denial or revocation of your License to Carry can feel like a violation of your fundamental rights. At Barton & Associates, Attorneys at Law, we have extensive experience representing individuals in LTC appeals in Corpus Christi and throughout the Coastal Belt.

Our attorneys understand the complex eligibility requirements, the administrative appeals process, and the strategies for challenging denials based on criminal history, mental health records, and other factors. We work closely with our clients to gather evidence, obtain records, and build a compelling case for reversal.

We also understand that a denial or revocation can have far-reaching consequences for your personal safety, your ability to protect your family, and your exercise of Second Amendment rights. Our attorneys approach these cases with dedication, helping our clients navigate the administrative and legal system while protecting their rights.

Restore Your Right to Carry Today

If your License to Carry application was denied or your existing license was revoked, you do not have to accept that decision. You have the right to appeal, and with the right representation, you may be able to restore your right to carry.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you challenge an LTC denial or revocation and restore your Second Amendment rights.

Main Category: Criminal Defense Corpus Christi
Practice Area Category: Weapon Crimes
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780