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by A-R
Thu Jun 24, 2010 11:15 pm
Forum: General Texas CHL Discussion
Topic: Utah CHL Instructor Story on WFAA
Replies: 231
Views: 32530

Re: Utah CHL Instructor Story on WFAA

Interesting discussion. And I think it's time something is done about this "loophole", but I too am not sure what is the ideal solution that addresses the concern ... people avoiding the Texas CHL process and obtaining a license with "lesser" requirements who may or may not be fully prepared .... without unnecessarily burdening those who get a Utah (or other out-of-state) CHL for the "right reasons" .... additional reciprocity or as a "back up" in case their Texas renewal takes too long.

This is one point that the "ban the Utah license" crowd seems to have quickly forgotten. Just last year Texas DPS was taking FOREVER and a day to send new and renewal Texas CHLs to those who had done everything by the book. DPS just got backlogged by a huge influx of applications. This was causing some folks to have a lapse in their ability to legally carry. If those people had a Utah CHL, they could have carried under that license until the Texas DPS finally got their act together and sent the Texas license.

For this reason (above), I think any law requiring a Texan to have a Texas CHL should include some caveat that a Utah (or other recognized out of state license) is acceptable for a Texan who has an expired (but not revoked or denied) Texas CHL. Put a timeframe on it that is equal to the timeframe for a new resident to acquire a Texas CHL. For example, let's say the "grace period" is 6 months:

* John Doe lives in Utah and has a Utah CHL. John Doe moves to Texas on March 1. He can continue to carry in Texas under his Utah CHL until September 1. At that point, he must have a Texas CHL or stop carrying in Texas.

* Juan Diaz lives in Texas and has both a Texas CHL and Utah CHL. Juan's Texas CHL expires March 1. He can continue to carry in Texas under his Utah CHL until September 1. At that point, he must have a Texas CHL or stop carrying in Texas.

Neither person would be allowed to carry if their Texas CHL (or Utah CHL for that matter) were revoked or denied for a disqualifying factor (i.e. a felony conviction etc).

Of course, the real fix for the slow-to-issue problem is for a grace period to receive your new-to-Texas or renewal CHL, including a "temporary" CHL issued by DPS, just like with driver's licenses.

Another element I haven't read in this thread (or elsewhere) yet is how a states rights argument against a national CHL law fits in with the interstate commerce clause of the US Constitution in terms of regulating CHL reciprocity, Driver's License reciprocity etc. Some say (and I'm not arguing for or against) that the Feds should stay out of this because it's a "states rights" issue, as if to say the Feds don't have authority. But seems to me (as a complete Constitutional layman) that Feds have all the authority they need under interstate commerce clause to regulate the carrying of guns between states. I don't WANT them to do so, but we might all want to come up with a "better" argument because telling the Feds they "can't" do so is kinda like telling a cop he doesn't have the authority to arrest you - you're basically guaranteeing that the now angry cop will arrest you. My point in this long-winded paragraph is that we - as responsible gun owners/users - need to help the states rectify these situations before the Feds take notice and step in.

And as a final suggestion, anyone (Texan or otherwise) who carries in Texas under a non-Texas license should be REQUIRED BY LAW to read every post on this entire forum before carrying :biggrinjester:

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