The Texas Department of Public Safety is looking to bring a federal database into the mix for Texans who apply for or renew a License to Carry, shifting more of the eligibility checks to Washington.
Under a proposed rule, DPS would start using the federal Systematic Alien Verification for Entitlements, better known as the SAVE program, to verify citizenship and immigration status for License to Carry (LTC) applicants. The change would formalize which documents DPS accepts and route more of the behind-the-scenes verification through the U.S. Department of Homeland Security.
According to the notice filed in the Texas Register, proposed amendments to 37 TAC §§6.11 and 6.16 would require applicants to show proof of eligibility under the Personal Responsibility and Work Opportunity Reconciliation Act, and then allow DPS to run those documents through SAVE. The rule spells out acceptable records, including a REAL ID-compliant driver license, U.S. passport, certified birth certificate and Permanent Resident Card, that DPS could use for verification. The agency says the update is meant to comply with federal law and to “maintain the integrity of the licensing process,” per the notice.
Where Federal Law Fits In
Federal law already bars certain noncitizens, including people who are unlawfully present in the country, from possessing firearms. That prohibition is laid out in 18 U.S.C. § 922, as summarized by LII / Cornell Law. DPS says the proposed rule change would bring LTC checks in line with how the agency vets eligibility for some of its other license programs and would require documents that can be confirmed through SAVE, according to Texas DPS.
Emily Taylor, an attorney who focuses on firearms law, told News Radio 1200 WOAI that the proposal appears to make DPS restrictions “more consistent.” She framed the move as an enforcement and process update rather than a new limit on who can qualify for an LTC, saying it “isn't tightening the restriction, it's not loosening it.” Taylor also suggested that shifting procedures in this way could set the stage for future tweaks, such as possible changes to fingerprinting rules.
How SAVE Checks Work
SAVE is a U.S. Citizenship and Immigration Services tool that lets state and local agencies verify citizenship or immigration status for benefits and licenses, according to the American Immigration Council. The program has grown quickly and, in other contexts, that scale-up has not always been smooth.
In Texas, the system has already had a high profile for the wrong reasons. When state officials previously used SAVE to flag possible noncitizens on voter rolls, the database produced errors and confusion, including cases where citizens were mistakenly identified, as reported by The Texas Tribune. Those misfires are likely to be on the minds of anyone watching DPS lean more heavily on the same federal tool for gun license decisions.
What LTC Applicants Could See
DPS says most people who qualify for an LTC already have the kinds of documents the proposed rule lists. For many applicants, the process on paper may look familiar.
Still, anytime a state agency relies on a federal database, there is a chance for more “please hold” purgatory. If SAVE spits out an uncertain or non-matching result, the agency may have to kick that application into a manual review queue, which could slow decisions for some applicants.
The Texas Register filing lays out how the public can weigh in. Comments can be emailed to [email protected] and must arrive within 30 days of publication, which gives Texans until May 24 to send feedback.
Why LTC Rules Still Matter In A Permitless State
Texas adopted permitless carry in 2021, but the state’s License to Carry program did not suddenly become a relic. Many gun owners still seek an LTC for pragmatic reasons, including interstate reciprocity and skipping extra background checks during some firearm purchases, as noted by The Texas Tribune.
Any shift in how DPS verifies eligibility could ripple through that group of Texans who keep an LTC for travel and convenience. Advocates on all sides of the gun policy debate are likely to be watching closely to see whether SAVE screenings end up causing backlogs, denials or appeals.
For now, nothing is final. DPS will review public comments before deciding whether to adopt the proposal. Any approved rule will be published again in the Texas Register and posted on the department’s Texas DPS administrative rules page, where readers can track updates and final language.
