Search found 3 matches

by Charles L. Cotton
Sat Sep 15, 2007 10:22 am
Forum: Other States
Topic: TX Resident using Utah CHL to carry ?
Replies: 37
Views: 9827

There are subtle differences in CHL qualifications in various states. We simply can't get into denying reciprocity rights based upon these minor differences. It would be impossible to enforce on the street and the legislative response would be to do away with reciprocity, rather than shoulder law enforcement with that burden.

As for student loans, taxes, child support, etc., I want to see those requirements repealed. In my view, they are unconstitutional. The Texas Constitution allows the Legislature to regulate the wearing of arms to prevent crime. Taxes, student loans, child support, etc. are purely revenue provisions that have nothing to do with crime prevention, thus they violate our Constitution. Equally important is the fact that they increase the time required to complete a background check, because of the work required at the local level.

Chas.
by Charles L. Cotton
Tue Jan 09, 2007 6:21 pm
Forum: Other States
Topic: TX Resident using Utah CHL to carry ?
Replies: 37
Views: 9827

llwatson wrote:. . . I have advised all Utah students who don't have a Texas CHL to show the Utah license when asked by a LEO for ID. I have also advised those who have a Texas CHL AND a Utah CFP to NOT show the Utah license when asked for ID. No sense in muddying up the situation.
Good advice on both points. If I have to show my TX CHL, I won't show any from other states either.

Chas.
by Charles L. Cotton
Tue Jan 09, 2007 5:38 pm
Forum: Other States
Topic: TX Resident using Utah CHL to carry ?
Replies: 37
Views: 9827

There is nothing in Texas statutes that prohibit a Texas resident from carrying on a recognized CHL from another state. If you get stopped and have a Texas driver's license and hand the officer a Utah CHL, you probably are going to get some questions. I like Liberty's suggestion to carry a printout of the Texas DPS website reciprocity section.

An interesting question deals with the failure to display your foreign CHL when asked for identification by a LEO. A Texas CHL holder is required to do so by Tex. Gov't. Code §411.205. Anyone carrying a handgun on a foreign CHL is subject to all Texas laws dealing with the carrying of handguns by a licenseholder, so it would appear a Texas resident (or anyone else) carrying on a Utah CHL is also required to show their CHL.

The first-offense penalty for failure to show your CHL is the suspension of the CHL pursuant to the procedures found in Tex. Gov't Code §411.187. A second offense is a Class B Misdemeanor, but only if the license had previously been suspended pursuant to §411.187.

Here's the interesting part. Texas has no authority to suspend a CHL issued by the State of Utah. Since there can be no suspension of a Utah CHL, then a second and subsequent failure to show your CHL cannot be a Class B Misdemeanor per Tex. Gov't Code §411.205(b), since there could not have been a suspension pursuant to §411.187. So it appears that a person carrying on a foreign CHL is required to show their CHL to a LEO, but there is no penalty for failure to do so. I am not suggesting that anyone carrying on a foreign CHL should fail to show their CHL!! For a Texas resident carrying on a foreign CHL, this would almost guarantee a chance to see if my reasoning on this issue is correct.

Chas.


Here is the relevant statute:
§ 411.205. DISPLAYING LICENSE; PENALTY. (a) If a
license holder is carrying a handgun on or about the license
holder's person when a magistrate or a peace officer demands that
the license holder display identification, the license holder shall
display both the license holder's driver's license or
identification certificate issued by the department and the license
holder's handgun license. A person who fails or refuses to display
the license and identification as required by this subsection is
subject to suspension of the person's license as provided by
Section 411.187.
(b) A person commits an offense if the person fails or
refuses to display the license and identification as required by
Subsection (a) after previously having had the person's license
suspended for a violation of that subsection. An offense under this
subsection is a Class B misdemeanor.

Return to “TX Resident using Utah CHL to carry ?”