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My state representatives office was shocked to hear that Police Chief Rushin's own office was refusing to provide me with information. So while they called the DPS, I called the city attorney's office. I'm not sure exactly who said or did what, but 30 minutes later I got a call back from the state rep's office saying that Chief Rushin himself had been contacted. After he did a little digging into my case, he informed my state rep that he would take care of the situation. Shortly thereafter, I got another call from the Plano PD Records Department, who said that a copy of all records would be in the mail to me today.

It's really a shame that I had to do that much hollerin' to get anyone at Plano PD to do the right thing. My hat's off to Libby at Texas State Representative Brian McCall's office for making that second call after Chief Rushin's office blew her off the first time. I plan to write them a nice "thank you" letter tonight. Feel free to do the same if you feel strongly enough about what happened.

Thanks again to everyone for your suggestions and support.

OK, so I called my Texas State Reps office and told them that Plano PD is withholding my records. A while later, I get a call from Police Chief Rushin's office. I was told that I have to fill out an Open Records Request form in order to receive the Suspension Form and the officer's account of the traffic stop. I responded by saying that I was not required to fill out anything because DPS Code GC 411.187b states "The officer shall send a copy of the form and the attachments to the license holder." He told me that unless I filled out a request, I would receive nothing from Plano PD. I asked how he could possibly charge me with a crime without providing me with a written copy of the charges. It violates my rights and the DPS code. He didn't care. So, I have a call into DPS for further clarification and to see if they will exert some influence.

The saga continues...

Even though the attorney for Texas DPS dropped their case against me, I had already filed a complaint against the officer for maliciously pursuing my suspension even after I offered to provide him with an affidavit of my innocence from the DPS.

Well they finished their review and basically determined that there was no evidence that the officer acted maliciously. The officer lied to the review board and said he never received a call from me (even though it was on his department voicemail system). And they blamed the fact that I was never sent copies of the Suspension Form (as required by Texas law so that I may defend myself in court) because of a misunderstanding with their Records Department. But it's been almost 3 months, and I still haven't received it.

I found out during the process that the officer was still pushing for my license suspension with the DPS AFTER I had filed my complaint and provided his Professional Standards Unit with a copy of an affidavit from the DPS stating that I had done nothing wrong. When asked why the officer did that, he stated that it wasn't his responsibility to look at the proof, and if I was really innocent, then I should go to court and prove it.

So I asked to speak with his superior officer. This guy has the gall to tell me that it doesn't matter what I say or what his officer or department did or didn't do. In his mind, I broke the law (regardless of what the DPS says) ... period. If I didn't like how I was treated, then I should take it up with the DPS. The truth of the matter is that even though his officer was under review, he didn't know any of the facts of the case, had not ever seen my affidavit, and has very little knowledge of the DPS codes regarding his responsibilities after reporting a violation. He didn't even know if his Records Department had followed up by sending me the required documents, even though he took sole credit for changing their policies to correct the misunderstanding.

So what it all boils down to is NEVER TRUST YOUR LOCAL LAW ENFORCEMENT TO DO THE RIGHT THING. According to them, that's not their job. My advice to anyone in Texas who is waiting for their CHL is NOT TO CARRY until you have the card in your hand. Don't every give them anything that they can use against you...chances are they will.

On second thought, I'm going to write a letter to the attorney. I'm going to thank him for his discretion, and lay out the facts of the case. As long as I'm going to have this incident in their internal records (which he confirmed are confidential and cannot be expunged), I might as well have my side of the story in there, too. And if the attorney wants to send something to the officer's department, then he can use his discretion again if he chooses.

Hello again. I just got off the phone with the attorney for the DPS. I thanked him for his letter first. I did not tell him that I was offended by the "cautionary" portion of the letter because I had a feeling that he didn't know the facts of my case. So then I asked him why they decided to drop my case. As it turns out, I was right...he didn't know. The decision to pursue the case was his discretion, and apparently the new laws have removed all penalties for failure to display. He could have taken me to court because the laws aren't on the books yet, but he decided not to.

He was very nice, and seemed surprised that I would take the time to call him. So I explained to him what had happened, and he wasn't surprised by that at all. In his opinion, this was clerical or administrative problem that had started a bureaucratic mechanism that could only be stopped by someone with discretionary power or a ruling in court. There really wasn't much to talk about because the laws are changing the problem is going away.

I originally wanted to ask him to look into or comment on the actions of the officer. But since he didn't have the facts, it would just have been my word. I decided not to get him involved. I've already filed a complaint with the Plano PD. I may follow up with them and let them know that the case was dropped. I'll let the officer's superiors wonder why.

Hopefully, that's the end of the story.

Well, I received a letter today from the Texas DPS. Their attorney, after reviewing my file, has decided "not to pursue the suspension of (my) license based on that incident."

The rest of the letter is a review of Texas Govt. Code 411.205a and the legal definition of "carrying" to include anywhere in the passenger cabin of the vehicle. DPS refers to this as their "Cautionary Letter".

As much as I am thrilled that someone finally came to their senses over at the DPS, I feel offended by this second reprimand. The first one came from the officer, and now the DPS is "letting me go"? According to my friend at the DPS, they prosecute ALL infractions of CHL holders as a rule. Their decision not to pursue my case means that (a) they realize that it's their own fault because they shipped my license five days after approving it, or (b) the officer did not follow established protocols of providing me with a copy of his affidavit or filing within the deadline.

In either case, I didn't deserve another reprimand. I wasn't exactly expecting an apology. At the very least, they should accept some of the responsibility and offer to expunge the incident from my record.

I'm going to try and call their attorney tomorrow and get some more information. Check back soon for another update. If I can't get ahold of him, I'm planning on writing a letter of my own.

Thank you, Mr. Cotton. I live in Plano, north of Dallas.

Thanks y'all.

After reviewing the information on this, it seems the officer took almost 30 days (instead of the mandated five days) just to send the DPS all of the documentation needed. He never sent me a copy either. But even so, I keep getting the feeling that I'm going to get screwed on this deal.

Is there anything in the code that establishes the date which you become subject to the gun code? Or anything that states that it is the applicant's responsibility to check the website for his status? I've read through this, and it seems to say that you are approved the day the license is approved in Austin. But you cannot carry until you receive your license. So when do you become subject to the gun code?

Boomerang...thank you!

boomerang wrote:GC 411.187(b)

Where can I find this?

Hi y'all. Just a quick progress report and a question.

First of all, it seems my filing a complaint with the officer's department finally "encouraged" the officer to write his narrative to the DPS. This is required by the DPS before they can forward his suspension request to their legal department. So now the process is out of Plano PD's hands and entirely rests with the Texas DPS.

Now for my question. Someone at the DPS told me that the officer or his department is required to mail me a copy of his complaint, since no ticket or other "accusation" is issued to me. They said it's also necessary because I will need to know exactly what the officer alleged so that I may defend myself at court. Can anyone here in law enforcement confirm or deny that I should receive something from the officer or his department?

Thanks.

usa1 wrote:im hopeful that with your documents as evidence , they will dismiss the case. good luck

Thanks.

Just an update...I got an email today from the DPS in Austin. They let me know that they have now received a suspension request from Plano PD for failure to present my license. So they have to forward it on to the Justice Court, and I will have to go appeal it.

What gets me is that I left a voicemail for the officer a week ago, offering him copies of my postmarked envelope from the DPS (with the same date as my traffic stop) and an affidavit from the DPS about my CHL date of issue and the know 7-10 day mailing period. HE NEVER RESPONDED TO MY CALL, and he most likely sent in the suspension request AFTER my call. So this officer doesn't care whether the charge is unfounded or not. He doesn't care that it's obviously a waste of time and taxpayers' money. It seems that he just doesn't like CHL holders, period. I guess some officers don't think citizens should have to right to arm themselves outside of their homes. I guess it was a good thing I wasn't in a hurry to go say goodbye to my dying mother-in-law in the hospital or something...he might have threatened to arrest me too.

jlangton wrote: HB410 TOTALLY removes the requirement to notify and the penalties for not notifying, and the amendment by Guillen totally removes the officer's ability to freely get that info. They MUST have a valid reason to verify license status,and MUST have a need for that info in order to acquire it. At least that's how I read it.

Maybe it's hung up in the Senate, and they were telling me the proposed changes. Or perhaps my Rep misunderstood the bills.

usa1 wrote:im voting for you in the next election... and when you win, do something about illegal immigration.. please

I was on the phone last night with one of the Texas State House Representatives that sits on the Appropriations Committee for the DPS. She wasn't real happy about my situation, and has agreed to look into it. In the meantime, she's having me send all my information to her, so they can look at the proposed bills and see if they can keep this from happening to others. Apparently, HB410 has already passed in the House, and it's sister bill, SB838, is up for a vote in the Senate. These bills would get rid of the requirement for CHL holders to have to show their license during a traffic stop. We still need to notify the officer, but he can look up your CHL on his own. As they are written, these bills would not have helped me. I did not notify the officer, for obvious reasons. So I talked with the House Rep at length about possible solutions to the 7-10 day lapse in approval and receiving the license.

One option is to have the Issue Date included in the DPS computer system used by police officers. Then have the letter that you receive with your online PIN number include a notification about the 7-10 days. If you keep the letter in your vehicle while you wait to be approved, the officer could look up your approval date and see if you are within the 7-10 day period.

Another option would require that CHL holders call in to activate their licenses. But this would require more manpower, more money and a new system in place.

The legislators and the DPS are not interested in any bill that would remove a CHL holders responsibility to notify an officer, even though all non-CHL holders do not have to notify about concealed weapons in the car. The "logic" behind this seems to be that it's a courtesy to the LEO, and the DPS doesn't want officers to feel like their jobs are any more dangerous with us out there.

For the law enforcement officers who may be reading this post, I would like to make a comment. When a citizen makes the decision to get a CHL, we open ourselves up to higher scrutiny (fingerprints and background checks) and we take on a greater legal responsibility than non-CHL holders. Please remember that when you meet one of us. We're the good guys. We took the time and effort to follow the law because we are law-abiding by nature. I debated whether or not to get a CHL for a couple of years, simply because I didn't want to be labeled by law enforcement, or "registered" as a gun owner in your systems. But the simple fact is that YOU cannot be there to protect me at all times, and I've already had to defend my home and family once while waiting for YOU to arrive. So when we hand you our CHL, please remember who you're dealing with...A FRIEND.