Fighting for Your Right to Carry: LTC Denials & Revocations in San Antonio

When the State Challenges Your Right to Carry: The High Stakes of LTC Disqualification

Your Texas License to Carry (LTC) represents more than a permit—it signifies your legal standing, your clean record, and your right to self-defense. A denial of your initial application or the sudden revocation of your existing license by the Texas Department of Public Safety (DPS) is a serious legal matter with profound implications. It is an official finding that you are disqualified under Texas law, which can affect employment, personal security, and your reputation. In San Antonio and across Bexar County, the DPS rigorously enforces strict statutory criteria. At Barton & Associates, our weapon crimes and administrative law attorneys provide dedicated, strategic defense for individuals facing LTC denials and revocations. We understand the complex interplay between criminal law, administrative procedure, and your constitutional rights, and we fight to restore your eligibility and protect your future.

Many applicants and license holders are unaware of the breadth of disqualifying factors or the rigorous review process. A denial or revocation is not merely a bureaucratic setback; it is a legal determination that can stem from an old conviction, a recent arrest, a misunderstood mental health history, or an administrative error. The consequences extend beyond the inability to carry. For security professionals, military personnel, and others, an LTC is a job requirement. For all, it is a hard-earned right. We step in to challenge the DPS’s decision, navigate the appeal process, and advocate for you in hearings before the State Office of Administrative Hearings (SOAH). Our goal is to clear the disqualification and secure your license.

Understanding the Grounds for Denial and Revocation in Texas

The Texas Government Code, Chapter 411, Subchapter H, provides specific, mandatory grounds upon which the DPS must deny an application or revoke an existing License to Carry. These are not discretionary; if DPS finds a disqualifier, it must act. The most common grounds we contest include:

Criminal History Disqualifications:

• Felony Convictions: A final felony conviction is an absolute, lifetime bar unless you have received a full pardon or the conviction has been set aside.
• Class A or B Misdemeanor Convictions (within 5 years): You are disqualified if convicted of a Class A or B misdemeanor in the five years preceding the application. This includes offenses like Assault Bodily Injury (Class A) or DWI (Class B).
• Pending Criminal Charges: You are ineligible if you are currently charged with a felony, Class A or B misdemeanor, or disorderly conduct. The case need not be resolved; the charge itself is a bar.
• Fugitive from Justice Status.

Mental Health and Protective Order Disqualifications:

• Court-Declared Mental Incapacity or Inpatient Mental Health Treatment: An individual who has been declared mentally incompetent by a court or has been involuntarily committed to a mental institution is disqualified.
• Diagnosis of Certain Psychiatric Conditions: A diagnosis of psychosis, schizophrenia, or bipolar disorder, among others, can be a basis for denial if DPS determines you have not been clinically stable for a prolonged period.
• Active Protective Orders: Being subject to an active protective order (restraining order) issued after notice and a hearing disqualifies you.

Substance Abuse and Other Disqualifications:

• Chemical Dependency: A court determination of chemical dependency can be a disqualifier.
• Dishonorable Discharge from the Armed Forces.
• False Statements on Application: Intentionally making a false statement on the LTC application is a criminal offense and an automatic denial or revocation.

For revocations, DPS will act if you become subject to any new disqualifying condition after the license is issued. This is often triggered by a new arrest or the issuance of a protective order.

The Critical DPS Review and Appeal Process: Your Path to Challenge

When you receive a denial or “Intent to Revoke” letter from DPS, the bureaucratic clock starts ticking. Understanding this process is key to mounting a successful appeal.

1. The Initial Determination & Letter:
DPS will send a formal letter stating the grounds for the proposed denial or revocation. This letter is not final. It is your official notice that you have 30 days to request a hearing to appeal the decision. This 30-day deadline is absolute. Missing it results in a final, uncontestable order.

2. Requesting a SOAH Hearing:
Your appeal is not handled by DPS. It is forwarded to the State Office of Administrative Hearings (SOAH), an independent tribunal. You must timely request this hearing in writing. An Administrative Law Judge (ALJ) will be assigned to your case.

3. Discovery and Hearing Preparation:
This is a formal legal proceeding. The State, represented by the Texas Attorney General’s office, will present DPS’s case. We engage in discovery to obtain all evidence against you. We then build your defense, which may involve:

• Challenging the Legal Basis: Argue that the cited disqualifier does not legally apply (e.g., a conviction was not final, a misdemeanor falls outside the 5-year window).
• Presenting Mitigating Evidence: For certain discretionary issues (like some mental health diagnoses), we present evidence of stability, treatment compliance, and professional evaluations to demonstrate you are not a danger to yourself or others.
• Correcting Factual Errors: Challenge inaccurate criminal history reports from DPS or mistaken identity.

4. The Administrative Hearing:
The hearing resembles a bench trial. Both sides present evidence, witnesses, and legal arguments. The ALJ will issue a Proposal for Decision (PFD) recommending that DPS either uphold or reverse its initial determination.

5. Final DPS Order and Judicial Appeal:
The DPS Director reviews the PFD and issues a final order. If you disagree with this final order, you have the right to appeal the decision by filing a lawsuit in state district court in Travis County for a review under the substantial evidence rule.

Common Issues and Strategic Defenses in LTC Cases

Our attorneys at Barton & Associates craft defenses based on the specific grounds for disqualification.

• For Old or Minor Criminal Convictions: We explore the possibility of expunction or nondisclosure (record sealing). If a disqualifying conviction is legally erased or sealed, it may no longer serve as a valid basis for denial. We handle the underlying criminal record clearing and the LTC appeal in a coordinated strategy.
• For Pending Criminal Charges: We work aggressively on your underlying criminal case, seeking dismissal, acquittal, or a plea to a non-disqualifying offense (e.g., a Class C misdemeanor). A favorable disposition can remove the bar.
• For Mental Health-Related Disqualifications: These are among the most sensitive and complex. We collaborate with mental health professionals to prepare a compelling case for your stability and responsibility. We demonstrate through medical records, provider testimony, and personal evidence that any past condition is managed and does not affect your fitness to carry.
• Challenging DPS’s Evidence and Procedure: We scrutinize the accuracy of the DPS’s information. Was the protective order properly served? Does the FBI’s NCIC criminal history report contain errors? Did DPS follow its own rules in processing your application? Procedural missteps can form the basis for overturning a decision.

Why Legal Representation is Essential in LTC Appeals

Navigating a SOAH hearing against state attorneys is not a DIY endeavor. The process is adversarial and governed by strict rules of evidence and procedure.

• Understanding the Burden of Proof: In a denial/revocation hearing, the burden is on you, the applicant/licensee, to prove by a preponderance of the evidence that you are qualified. This means proving your case is more likely true than not. An attorney knows how to meet this burden.
• Evidence Presentation and Cross-Examination: Knowing what evidence is admissible and how to effectively cross-examine the state’s witnesses is critical. We prevent the introduction of prejudicial or irrelevant information.
• Knowledge of Overlapping Law: These cases sit at the intersection of criminal, family (protective orders), and mental health law. Our comprehensive practice allows us to address all relevant angles.
• Avoiding Permanently Prejudicial Rulings: A loss at a SOAH hearing creates a formal record that can hinder future applications. A strong, attorney-led defense from the outset is the best way to secure a lasting positive outcome.

The Barton & Associates Advantage in San Antonio LTC Disputes

• Dual Expertise in Criminal and Administrative Law: We are not just criminal defenders; we are litigators experienced in the administrative hearing process unique to LTC cases.
• Direct Experience with Bexar County Courts and State Agencies: We understand how local arrests, prosecutions, and protective orders feed into DPS’s database and how to address issues at the source.
• Former Prosecutorial Insight: Our team’s experience on the government side provides insight into how state attorneys build their cases, allowing us to anticipate and counter their strategies effectively.
• A Record of Successful Appeals: We have guided clients through successful SOAH hearings, resulting in the issuance of licenses after initial denials and the reinstatement of revoked licenses.

Take Immediate Action to Protect Your Right to Carry

When you receive that denial or revocation letter, every day counts. The 30-day deadline to request a hearing is unforgiving. Do not assume the DPS is correct or that the situation is hopeless.

Contact Barton & Associates immediately for a confidential case review. We will analyze the DPS’s stated grounds, obtain your criminal and mental health history (with your authorization), and advise you on the strength of a potential appeal.

Call our San Antonio office now at 210-500-0000. Let our experienced LTC denial and revocation defense attorneys assess your situation, explain your options, and begin the fight to restore your Texas License to Carry. Your right to self-defense is worth defending.

Main Category: Criminal Defense
Practice Area Category: Weapon Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000