Denied or Revoked: License to Carry (LTC) Defense in Austin, Texas

You applied for your License to Carry. You completed the training, passed the background check, and waited for the approval that never came. Or you already had your license, but a letter arrived—your license is being revoked. No explanation. No hearing. Just a piece of paper telling you that your Second Amendment rights are being taken away. For many Texans, a denial or revocation comes as a shock. An old arrest, a dismissed charge, a misunderstanding—any of these can lead to a denial. And the process to appeal is complex, time-sensitive, and stacked against you.

At Barton & Associates, Attorneys at Law, we help clients throughout Austin and Central Texas appeal LTC denials and revocations. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to firearm rights defense. We understand that a License to Carry is not just a piece of plastic—it is the embodiment of your Second Amendment rights, your ability to defend yourself and your family, and often a requirement for your job. We know the administrative process, the deadlines, and the strategies for getting your license back.

Whether you have been denied a new license or your existing license has been revoked, we provide the strategic guidance and aggressive representation you need to protect your right to carry.

Understanding LTC Denials and Revocations in Texas

The Texas Department of Public Safety (DPS) is responsible for issuing and revoking Licenses to Carry. DPS has broad discretion to deny or revoke licenses based on criminal history, mental health records, or other factors. The process is administrative—not criminal—but the consequences are severe.

Why Licenses Are Denied or Revoked:

• Criminal History: Any felony conviction; certain misdemeanors (assault family violence, etc.); pending criminal charges

• Protective Orders: Active protective orders

• Mental Health: Adjudication as mentally incompetent; commitment to a mental institution

• Chemical Dependency: Multiple alcohol-related offenses (DWIs) within a specified period; drug convictions

• Arrests Without Conviction: In some cases, arrests without convictions can lead to denial

• False Information: Providing false information on the application

The Notice:

When DPS denies or revokes a license, they send a notice. The notice may state the reason, but often it is vague. You have a limited time to appeal—typically 30 days.

The Impact:

Without a license, you may lose:

• The ability to carry a handgun in states with reciprocity

• Exemption from the federal Gun-Free School Zones Act

• The ability to carry in certain locations that recognize LTC but not permitless carry

• For some, the ability to work (security professionals, etc.)

For families in Austin, an LTC denial or revocation can significantly impact your Second Amendment rights.

Why Would My LTC Be Denied in Texas?

DPS can deny a License to Carry for a variety of reasons. Understanding the reasons is the first step to fighting the denial.

Automatic Disqualifiers:

• Conviction of a felony

• Conviction of a Class A or Class B misdemeanor within the past five years

• Conviction of assault family violence (any time)

• Active protective order

• Adjudication as mentally incompetent

• Commitment to a mental institution

• Chemical dependency (multiple DWIs, drug convictions)

Discretionary Disqualifiers:

• Arrests without conviction

• Dismissed charges

• Pending criminal charges

• Arrests for offenses that would disqualify if convicted

• Other factors that indicate a risk to public safety

The Trap of “No Disqualifier”:

Many applicants are denied even though they have no disqualifying conviction. DPS has broad discretion to deny based on arrests, dismissed charges, or other factors. The system is designed to be cautious—and that caution often works against you.

For families in Austin, an LTC denial can come as a complete surprise.

How to Appeal an LTC Denial in Texas

Appealing an LTC denial requires prompt action. The deadlines are strict, and the process is complex.

Step 1: Act Quickly

You have only 30 days from the date of the notice to file an appeal. Miss the deadline, and you lose your right to challenge the denial.

Step 2: Request a Hearing

You must request a hearing before the DPS administrative law judge. The request must be in writing and must state the basis for your appeal.

Step 3: Obtain Your Records

Your attorney will obtain your criminal history, mental health records, and any other records DPS relied on. Often, these records contain errors or incomplete information.

Step 4: Challenge the Basis for Denial

At the hearing, you have the opportunity to challenge DPS’s decision. Your arguments may include:

• The underlying record is incorrect

• The offense does not disqualify you

• The disqualifying event is too old to be relevant

• You have been rehabilitated

• DPS’s decision was arbitrary or capricious

Step 5: Present Evidence of Rehabilitation

Even if you have a disqualifying offense, you may be able to show that you no longer pose a risk. Evidence may include:

• Completion of probation or supervision

• Letters of recommendation

• Employment history

• Clean drug tests

• Character references

Step 6: Appeal to District Court

If the administrative hearing does not resolve the matter, you may appeal to the district court.

The Importance of an Attorney:

LTC appeals are complex, and DPS has significant resources. An experienced attorney can help you navigate the process and present the strongest possible case.

For families in Austin, time is critical when appealing an LTC denial.

Arrests Without Conviction: The Hidden Trap

One of the most common reasons for LTC denial is an arrest that never led to a conviction. DPS can deny a license based on an arrest—even if the charges were dismissed or you were acquitted.

Why Arrests Lead to Denial:

DPS has broad discretion to deny a license if they believe the applicant poses a risk to public safety. An arrest—even without conviction—is considered evidence of potential risk.

What You Can Do:

• Expungement: If your arrest is eligible for expungement, you can have the record destroyed entirely. Once expunged, DPS cannot consider it.

• Nondisclosure: If your case is eligible for nondisclosure, the record is sealed from public view. DPS may still see it, but nondisclosure can help your case.

• Challenge the Denial: At the hearing, you can present evidence that the arrest does not reflect your character or that you have been rehabilitated.

For families in Austin, expunging old arrests is often the key to getting your LTC approved.

Protective Orders and LTC Revocation

If you are subject to a protective order, your LTC will be revoked. The revocation is automatic and immediate.

What Triggers Revocation:

• Any protective order issued after a hearing

• Emergency protective orders issued after an arrest

• The revocation lasts for the duration of the order

Getting Your License Back:

• Challenge the Protective Order: If the order was improperly issued, you can seek to have it set aside

• Modify the Order: Seek to modify the order to remove the firearm prohibition

• Wait for Expiration: When the order expires, you can reapply

The Danger of Violation:

Possessing a firearm while subject to a protective order is a separate felony offense. If your license is revoked, you must immediately surrender any firearms in your possession or transfer them to someone who is not prohibited.

For families in Austin, a protective order can strip your Second Amendment rights immediately.

Mental Health Records and LTC Denials

DPS has access to mental health records, and a history of mental health treatment can lead to denial or revocation.

What Disqualifies:

• Adjudication as mentally incompetent

• Commitment to a mental institution

• In some cases, voluntary treatment may be considered

Challenging Mental Health Denials:

• Was the Commitment Proper? If the commitment was improper, you may be able to challenge it

• Is the Record Correct? Mental health records often contain errors

• Have You Been Rehabilitated? Evidence of stability and treatment can help

The Importance of Expert Testimony:

In mental health cases, testimony from a treating psychiatrist or psychologist can be critical to showing that you do not pose a risk.

For families in Austin, mental health history does not have to be a permanent barrier to your Second Amendment rights.

Chemical Dependency and LTC Denials

A history of alcohol or drug use can lead to LTC denial or revocation.

What Disqualifies:

• Two or more DWIs within the past 10 years

• Drug convictions

• Evidence of chemical dependency

Challenging Chemical Dependency Denials:

• Old Offenses: If the offenses are old, you may be able to show rehabilitation

• Treatment: Completion of treatment programs can demonstrate rehabilitation

• Clean Tests: Evidence of sobriety can help

For families in Austin, a history of substance use does not have to permanently bar you from carrying.

Frequently Asked Questions About LTC Denials & Revocations in Austin, Texas

When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about LTC denials. Here are the answers to the most common inquiries we receive.

How long do I have to appeal an LTC denial?

You have 30 days from the date of the notice to request a hearing. Missing the deadline means you lose your right to appeal.

Can DPS deny my LTC for an arrest that didn’t result in a conviction?

Yes. DPS has broad discretion to deny based on arrests, even if no conviction occurred. Expungement can remove the arrest from consideration.

What if my license was revoked due to a protective order?

You must surrender your license. When the protective order expires, you can reapply. If the order was improperly issued, you can challenge it.

Can I get my LTC back after a felony conviction?

In some cases, yes. If you receive a pardon or if the conviction is expunged, you may be eligible. However, federal law may still prohibit possession.

What is the difference between a denial and a revocation?

A denial occurs when you apply for a license and are turned down. A revocation occurs when you already have a license and it is taken away.

Do I need an attorney for an LTC appeal?

Yes. LTC appeals are complex, time-sensitive, and DPS has significant resources. An experienced attorney can help you navigate the process and present the strongest possible case.

What if I moved to Texas from another state?

If you have a conviction that disqualifies you in Texas, you may be denied even if you held a license in your previous state. Texas law applies to all applicants.

Why Barton & Associates for LTC Denials & Revocations in Austin

LTC denials and revocations require attorneys who understand the administrative process, the evidentiary standards, and the strategies for presenting evidence of rehabilitation. The attorneys at Barton & Associates bring decades of experience to firearm rights defense, helping clients protect their Second Amendment rights.

We are deeply rooted in the Austin legal community. We have handled LTC appeals for clients across Travis County for decades and understand the DPS process, the administrative law judges, and the strategies that work. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your case, your criminal history, and your goals. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward Getting Your License Back

If your LTC has been denied or revoked, your Second Amendment rights are on the line. Do not wait. The 30-day appeal window is strict. The sooner you have an experienced attorney on your side, the better your chances of getting your license back. At Barton & Associates, we are here to fight for you.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced attorney about your LTC denial or revocation. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your right to carry.

Main Category: Criminal Defense Austin
Practice Area Category: Weapon Crimes
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)