TexasCHLforum.com

A pass?

What makes a "pass" largely depends on what was done and who is there to enforce it. In this case, the PD did something that they shouldn't have done. Was it criminal action to take that license? I'm not sure.. Who owns the license? If it a criminal act, who do you get to enforce it? The PD won't do it. Good luck getting an ADA to take it up.

It's probably actionable in civil cause. How actionable? Well, the Levelland man is out the time and expense it would take to either recover the license from the PD or have the state re-produce it. What's that worth? Probably not much.

The PD probably didn't create a criminal situation if they sent the man home with a firearm in his car.. They just took away his right to carry that firearm legally.. and just for a while.

Smells like a pass to me.


I don't like it either, but it sounds like they solved the "problem" at hand with disregard to the law because they either ignored it or didn't know it.

Rather than escalate this up to a hanging offense, I'd just start with supervisors at the local PD. If an appropriate response isn't provided, then escalate it from there.. Hiring an attorney as the PD took the license as a first response, especially if there are no criminal charges sounds like a good way to run up some bills to me.

No charge here... Looks like the PD solved the "problem" at hand.

If I was this guy, I'd simply ask for my CHL back. I might follow it up with a registered letter with a copy of state law. Hopefully smarter heads prevail..
After than, I choose to get it re-issued (duplicate) or spend $250/hr with an attorney...

EEllis wrote: Honestly this is a stinker of a case. There is almost no way it even gets to court never mind being found guilty. I have trouble imagining this even being put in front of a judge but sometimes in small towns you get some surprising results. If this cost me more than $500 bucks I would figure an attorney was working me because this is a phone call case.

You can get very surprising results in small towns, especially when adjudicated by a JP. Course, if you can afford it, you can appeal to a real judge...
I didn't spot the part where he didn't get arrested - that's interesting..

Keith B wrote:
Not a valid 30.06. Not even close to anything resembling a 30.06. Just a 'handguns prohibited' sign. Will be a good test case.

If it gets taken to trial.
We'll see how much attention this gets... Stuff like this encourages demonstrations.