Search found 5 matches

by Keith B
Sun Dec 16, 2012 8:40 pm
Forum: General Texas CHL Discussion
Topic: Response From DPS Regarding Policies When Encountering CHLer
Replies: 171
Views: 27734

Re: Response From DPS Regarding Policies When Encountering C

gigag04 wrote:DWLI can be a class C or B misdemeanor. Curious how they sided with the B.

TC 521.457
My guess is they may have been involved in an accident.
by Keith B
Sun Dec 16, 2012 8:07 pm
Forum: General Texas CHL Discussion
Topic: Response From DPS Regarding Policies When Encountering CHLer
Replies: 171
Views: 27734

Re: Response From DPS Regarding Policies When Encountering C

hillfighter wrote:
srothstein wrote:I don't know how, but someone at TCLEOSE caught it and they revoked the license for his being ineligible due to a class B conviction. I don't know if DPS could due that with a CHL or not.
If DPS mistakenly issues a license to someone who isn't eligible, I think they can correct the mistake.
Yes they can. It has been done before.
by Keith B
Thu Dec 13, 2012 5:08 pm
Forum: General Texas CHL Discussion
Topic: Response From DPS Regarding Policies When Encountering CHLer
Replies: 171
Views: 27734

Re: Response From DPS Regarding Policies When Encountering C

Katygunnut wrote:Given that there is now no penalty for failing to show your CHL, one approach would be to just hand over your drivers license. If the LEO runs the license and identifies you as a CHL holder, and then asks if you are armed, you could say yes, and apologize for your oversight while then handing over the CHL.

This would at least allow for the possibility that the LEO would not ask the "are you armed" follow up question, and there would be no disarming. Also, since the encounter might well be over or close to over by the point that the LEO discovered the CHL to be carrying, there would seem to be less of a need to disarm due to "officer safety" concerns.
The problem is the law states you MUST show your CHL. Doesn't matter if there is a penalty or not. Not doing so is still a violation and you suggesting someone intentionally break the law is not advisable, as well as a violation of the forum rules.
by Keith B
Thu Dec 13, 2012 11:00 am
Forum: General Texas CHL Discussion
Topic: Response From DPS Regarding Policies When Encountering CHLer
Replies: 171
Views: 27734

Re: Response From DPS Regarding Policies When Encountering C

E.Marquez wrote:
Keith B wrote: Adding a part about not running ANY CHL's serial number would preclude that option.
I agree it would preclude that.. Is that what we want?

An officer to not have the ability to check a weapon taken from a CHL'er though NCIC?
Or do we wish to place limitations on that ability?

AGAIN,, ME, MY OPINION... I simple wish to place limitations on when a officer can run a weapon though NCIC.

Minor violations.. = No NCIC check... though I understand that I may still be disarmed should the officer feel there is any reasonable (in his mind) safety issue.

Serious violations (yet to be properly defined) = ability to do NCIC check
I was agreeing with you and disagreeing with AEA's thoughts of adding 'Do NOT run serial numbers (NCIC Check) of valid CHL holder's handguns. (PERIOD)'. This is NOT what we would want.
by Keith B
Thu Dec 13, 2012 9:24 am
Forum: General Texas CHL Discussion
Topic: Response From DPS Regarding Policies When Encountering CHLer
Replies: 171
Views: 27734

Re: Response From DPS Regarding Policies When Encountering C

anygunanywhere wrote:
E.Marquez wrote:
AEA wrote:How about just forget about wading through their Policy directives and make them add this:

HQ-CHL (insert where appropriate)
Do NOT run serial numbers (NCIC Check) of valid CHL holder's handguns. (PERIOD) :banghead:
Perhaps because as the stats show,, Texas residents who have a valid CHL, do in fact commit crimes. From Domestic assault to DUI, theft to receiving stolen property to rape and murder. I would prefer those folks with a valid CHL have there weapons serial number run though a NCIC
You go right ahead and volunteer to have yours run for NCIC check. Do not speak for me, thank you very much.

Anygunanywhere
Not Speaking for Mr. Marquez, but I believe the issue is that if the officer is seizing the weapon upon arrest, then he feels you should be able to do it. Adding a part about not running ANY CHL's serial number would preclude that option.

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