Search found 5 matches

by E.Marquez
Mon May 13, 2013 4:56 pm
Forum: General Texas CHL Discussion
Topic: Buying with a CHL
Replies: 71
Views: 11211

Re: Buying with a CHL

EEllis wrote:
E.Marquez wrote: In response to your follow up question... No law I know of forbides photocopying a state issued DL or ID card.. TX has a law on swiping the Mag strip.. but not copying, far as i can tell :cheers2:
I know there is a law but I'm not sure what is approved because I know bars can swipe TDL's for age verification the State is ok with that.
As I stated above,,, yes, there is a regulation on use of the data encoded to the DL mag strip.. That was not the question being discussed.. it was photocopying.
but since you asked
https://www.oag.state.tx.us/opinions/op ... jc0337.htm" onclick="window.open(this.href);return false;
The Texas Attorney General had this to say "Magnetic stripe information contained on a driver's license or identification card issued by the Department of Public Safety may be utilized only by law enforcement and other governmental agency personnel acting in their official capacities."
by E.Marquez
Fri May 10, 2013 1:38 pm
Forum: General Texas CHL Discussion
Topic: Buying with a CHL
Replies: 71
Views: 11211

Re: Buying with a CHL

RX8er wrote: Thanks for the federal law but I'm not talking federal ID, just wanted to get that one out of the way so we can move back to what the topic at hand is..
Ahh,ok, thought that was the topic at hand as you asked..

Statement:
Federal law makes it illegal and punishable by 5 years in a federal pen for copying my us army ID, texas law makes it a class c misdemeanor to copy my texas military ID, so aww darn. I have never had my DL copied at any MD's office
Your response:
What is the penal code / reference for these two laws?
I answered 50% of your question with a response to ONE of the TWO laws you asked about.

:tiphat:
Sorry for the confusion..
In response to your follow up question... No law I know of forbides photocopying a state issued DL or ID card.. TX has a law on swiping the Mag strip.. but not copying, far as i can tell :cheers2:
by E.Marquez
Fri May 10, 2013 8:04 am
Forum: General Texas CHL Discussion
Topic: Buying with a CHL
Replies: 71
Views: 11211

Re: Buying with a CHL

sjfcontrol wrote:When a person is charged with a crime, the CHL is suspended pending the outcome of the case. If the person is subsequently convicted, then the CHL is revoked.
Yes suspended.... sorry I meant to imply only that it was not automatically revoked after a charge.
by E.Marquez
Fri May 10, 2013 7:29 am
Forum: General Texas CHL Discussion
Topic: Buying with a CHL
Replies: 71
Views: 11211

Re: Buying with a CHL

rockinar wrote:
Keith B wrote:
knotquiteawake wrote:So if your CHL was revoked for committing a felony and you didn't return it to them you can still use it to skip the background check and purchase a gun (as a felon)? I didn't realize you could skip the background check, I thought it mostly just allowed you to skip putting down the SS# on the forms.
They will more than likely take your CHL if you are convicted of a felony and not give it back. And if you answer falsely that you are not currently under indictment for a felony, then you have lied anyway.

They don't wait till you're convicted to take it. They take it when you're charged.

EDIT... Yes it will be suspended ("come and get it?")


GC §411.186. REVOCATION. (a) The department shall revoke a
license under this section if the license holder:
(1) was not entitled to the license at the time it was issued;
(2) made a m aterial misrepresentation or failed to disclose a
material fact in an application submitted under this subchapter;
(3) subsequently becomes ineligible for a license under Section
411.172, unless the sole basis for the ineligibility is that the license
holder is charged with the commission of a C lass A or Class B
misdemeanor or equivalent offense, or of an offense under Section
42.01, Penal Code, or equivalent offense, or of a f elony under an
information or indictment;

(4) is convicted of an offense under Section 46.035, Penal Code;
(5) is determined by the department to have engaged in conduct
constituting a reason to suspend a license listed in Section 411.187(a)
after the person's license has been previously suspended twice for the
same reason; or
(6) submits an application fee that is dishonored or reversed if the
applicant fails to submit a cashier's check or money order made payable
to the “Department of Public Safety of the State of Texas” in the amount
of the dishonored or reversed fee, plus $25, within 30 days of being
notified by the department that the fee was dishonored or reversed.
(b) If a peace officer believes a reason listed in Subsection (a) to revoke
a license exists, the officer shall prepare an affidavit on a form provided
by the department stating the reason for the revocation of the license and
giving the department all of the information available to the officer at the
time of the preparation of the form. The officer shall attach the officer's
reports relating to the license holder to the form and send the form and
attachments to the appropriate division of the department at its Austin
headquarters not later than the fifth working day after the date the form is
prepared. The officer shall send a copy of the form and the attachments to
the license holder. If the license holder has not surrendered the license or
the license was not seized as evidence, the license holder shall surrender
the license to the appropriate division of the department not later than the
10th day after the date the license holder receives the notice of revocation
Looks like,,,
It would take a convection, and OR an officer to submit an affidavit showing cause for a revocation.
EDIT.. Suspension is of course a different deal.... and will happen upon charge.
GC §411.187. SUSPENSION OF LICENSE
by E.Marquez
Fri May 10, 2013 7:17 am
Forum: General Texas CHL Discussion
Topic: Buying with a CHL
Replies: 71
Views: 11211

Re: Buying with a CHL

RX8er wrote:
JP171 wrote: What is the penal code / reference for these two laws?
18 USC § 701 - Official badges, identification cards, other insignia.

Whoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any department or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.

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