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HB383 by Burnam: Prohibiting Texas residents from carrying on an out-of-state license

SB164 (Van de Putte): Providing option to have "Veteran" printed on CHL.

Charles L. Cotton wrote:HB383 by Burnam: Prohibiting Texas residents from carrying on an out-of-state license

Interesting

[A] person's license to carry a concealed handgun issued by another state may not be recognized and is not valid in this state if the person has established a domicile in this state.

So, apparently, reciprocity applies as usual, except that if you actually live in Texas, you need to get a Texas CHL. You can't live here and carry under the authority of a license issued by another state. (If the bill were to pass of course.)

Charles L. Cotton wrote:HB383 by Burnam: Prohibiting Texas residents from carrying on an out-of-state license

Boo.

This is a bad bill all around.

#1> Burnam is no conservative.

#2> My prediction is this will cause a myriad of unintended consequences.

steveincowtown wrote:

Charles L. Cotton wrote:HB383 by Burnam: Prohibiting Texas residents from carrying on an out-of-state license

Boo.

This is a bad bill all around.

#1> Burnam is no conservative.

#2> My prediction is this will cause a myriad of unintended consequences.

My immediate concern is that determining domicile is an inherently fact-laden inquiry. If a Texas LEO confronts someone carrying under the authority of a CHL issued by another state, how does the LEO know whether the person is domiciled in Texas? What if the person is visiting for a week, has a three-week job assignment here, or is attending school for a semester? Persons carrying in Texas under the authority of a CHL issued by another state would be put to increased risk of prosecution for unlawfully carrying a firearm, just to determine whether the license holder is "domiciled" in Texas.

By contrast, the reciprocity regime is a clear rule with predictable results.

I also worry that, by chipping away at reciprocity, we could eventually make things more difficult for Texas CHL holders who carry in other states.

I would hope there is at least an exception for members of our armed forces stationed in Texas.

I don't like this bill and I don't want it to pass. The fact that Lon Burnam is rated F is the best thing we have going for us. That said, requiring Texans to have a Texas CHL will not impact reciprocity. In fact, a few states have already passed such legislation and more are going to do so as time goes on. We can thank those like the online Virginia instructor/class for this bill being filed again.

The best approach is to remove the incentives to get out of state licenses like reducing the time required for the initial CHL and removing successfully completed deferred adjudications from the definition of "conviction."

Chas.

Charles L. Cotton wrote:SB164 (Van de Putte): Providing option to have "Veteran" printed on CHL.

So long as this is OPTIONAL and only per the discretion of the veteran. To be otherwise woul be an attempt to strip our vets by doctor.

DevilDawg wrote:

Charles L. Cotton wrote:SB164 (Van de Putte): Providing option to have "Veteran" printed on CHL.

So long as this is OPTIONAL and only per the discretion of the veteran. To be otherwise woul be an attempt to strip our vets by doctor.

It would be optional, but I see no justification for this bill. I would unnecessarily increase DPS' workload for no benefit.

Chas.

Charles L. Cotton wrote:

DevilDawg wrote:

Charles L. Cotton wrote:SB164 (Van de Putte): Providing option to have "Veteran" printed on CHL.

So long as this is OPTIONAL and only per the discretion of the veteran. To be otherwise woul be an attempt to strip our vets by doctor.

It would be optional, but I see no justification for this bill. I would unnecessarily increase DPS' workload for no benefit.

Chas.

I felt the same about printing it on the drivers license but I guess Texas has a budget surplus they need to reduce.

texasmike wrote:

Charles L. Cotton wrote:HB383 by Burnam: Prohibiting Texas residents from carrying on an out-of-state license

Interesting

[A] person's license to carry a concealed handgun issued by another state may not be recognized and is not valid in this state if the person has established a domicile in this state.

So, apparently, reciprocity applies as usual, except that if you actually live in Texas, you need to get a Texas CHL. You can't live here and carry under the authority of a license issued by another state. (If the bill were to pass of course.)

In reality if you live here you have to have a TX driver's license.(minus the military and a few exceptions)

Charles L. Cotton wrote:HB383 by Burnam: Prohibiting Texas residents from carrying on an out-of-state license

Although my opinion is that a resident should get the license from the state in which he resides, I don't think this should be made into law. I am sure some Texas residents have good reasons for having out-of-state licenses and not a Texas CHL, but I think it's important to know about the Texas law if you're going to carry here every day.

Charles L. Cotton wrote:

DevilDawg wrote:

Charles L. Cotton wrote:SB164 (Van de Putte): Providing option to have "Veteran" printed on CHL.

So long as this is OPTIONAL and only per the discretion of the veteran. To be otherwise woul be an attempt to strip our vets by doctor.

It would be optional, but I see no justification for this bill. I would unnecessarily increase DPS' workload for no benefit.

Chas.

I was talking with the husband about this and said "WHY?" his response was so that she could say "see, I did this for the veterans, and I'm pro-gun" and she did it all in one bill, she's smart! he thinks it'll pass in 15 mins, no problem, then real work can get done. My problem with it is that it when a real CHL bill comes up will the legs say "what, we passed that other bill for the vets....what more do you want?"

does that make sense?

Charles L. Cotton wrote:That said, requiring Texans to have a Texas CHL will not impact reciprocity. In fact, a few states have already passed such legislation and more are going to do so as time goes on. We can thank those like the online Virginia instructor/class for this bill being filed again.

This is the law in Louisiana and it does NOT affect reciprocity as you have correctly indicated, Charles. It DOES, however, presumably affect folks moving to Texas. When I moved to Louisiana this past year, my wife had a baby six weeks later. Between the new addition to the family, new job, new house, etc., it would have been great to legally carry longer under my Texas CHL -- until things quieted down and getting my Louisiana permit wasn't directly trading off with other key responsibilities in my life.

For what it's worth, my Louisiana instructor said it was the Florida permits that prompted the change here.

Charles L. Cotton wrote:HB383 by Burnam: Prohibiting Texas residents from carrying on an out-of-state license

Thanks for the alert! I'm currently using my FL CCW until my TX CHL gets here. Time to contact my reps.

I have both a TX and a WA CHL. The reason being is that WA does not have reciprocity with the TX CHL. However, TX has reciprocity with the WA CHL.

The WA CHL only requires a flat $55 fee ($35 for renewals) -- that's it. Whereas the TX CHL requires much more in terms of fees and classroom instruction. I wouldn't mind having the option to let my TX CHL lapse and continue to renew my WA CHL.