Is this legal?

KaleS · #1

Ok, I am not trying to start any fight, and am not asking what you would do in this case.... but here is the deal.

Sunday night my truck was broken into, and for some dumb reason i left my wallet in there, (another story I already posted), So now I am without a drivers license and my CHL. Prior to to I made color copies of my drivers license and CHL and credit cards to put in my important papers just in case. So here is my question until i get my new CHL, can I carry if I have both copied forms of ID and my police report.

Again, not looking for what is ethical or what your would do.... just am i legal?

Thank you,

FightinAggieCHL · #2

I'm not sure if it is technically legal or not, but I wouldn't if I were you, even if it was legal. If for some reason you were stopped and handed the officer this piece of paper saying that I have a CHL, he may not accept it and arrest you. Then, wouldn't you have to pay for a lawyer to keep from going to jail, or being fined, or whatever? I'm not sure how that works if you get arrested for a non-offense (I'm not sure of the legal jargon). But that's if it was legal in the first place. I'd be very careful not using your actual license.

longtooth · #3

Probably not on the CHL but one of the LEOs will be the authority.

seamusTX · #4

No. You must have your CHL when you carry a handgun in public, except for the car-carry provisions.

PC Â§46.15. NONAPPLICABILITY.
(B) Section 46.02 does not apply to a person who:
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;

Sorry about your mishap, and since you don't know want to know what I would do, I won't tell you.

- Jim

Dragonfighter · #5

I would have to look, and I am sure there are those that know off of the head but I believe if lost or stolen, you have to report the loss or theft and pay for and order a replacement. I believe you are not supposed to carry until you receive the replacement certificate.

Of course you can carry in the vehicle now, so you shouldn't be hobbled to awful badly.

txinvestigator · #6

A copy is not the license. Legally you cannot carry with a copy in your possession. You can car carry without a CHL now though.

You can go to a DPS DL office Monday and get a duplicate driver license.

KaleS · #7

Okie dokie.... Thank you all

KBCraig · #8

txinvestigator wrote:A copy is not the license. Legally you cannot carry with a copy in your possession. You can car carry without a CHL now though.

It's no different for the DL, is it?

txinvestigator · #9

KBCraig wrote:
txinvestigator wrote:A copy is not the license. Legally you cannot carry with a copy in your possession. You can car carry without a CHL now though.
It's no different for the DL, is it?

Yep. However, driving without the license in your possession is a class C violation. And I believe generally a fix-it ticket.

srothstein · #10

TXI is pretty close to correct about the driving without the license. The law actually states that if you show it to the judge and it was valid at the time of the offense, then you are not guilty of the charge. That would give you some time to get a new license or the receipt for one from DPS and effectively becomes a fix-it ticket.

JohnKSa · #11

This isn't gun related, but if I were you, my FIRST priority would be to sign up with one of those credit protection firms and get my premium to them. THEN I'd worry about my CHL and DL.

Liberty · #12

Now, I am not a lawyer. or an LEO.

I also have copies of my Drivers license CHL and Passport. If I lost my CHL I would not carry, except for car carry. I would keep with me the printed documents. If I had to do some higher risk things like routinely carry large sums of money or deal with dangerous people (parole officer etc.) I would carry and take the chance I would just hope that I would not flash, and if found out that those who could push the charges would be sympathetic. I would apply for replacement of the drivers license and CHL immediately and would keep proof of that on me.

dac1842 · #13

No it is not legal. Remember this, if it is a copy, then the possibility stands that it can be doctored too.

KaleS · #14

JohnKSa wrote:This isn't gun related, but if I were you, my FIRST priority would be to sign up with one of those credit protection firms and get my premium to them. THEN I'd worry about my CHL and DL.

That was then first thing I did.... while waiting for the police to show up. True credit and then added a block from the credit bureaus. Then after the police cam I want to then bank and had my account numbers changed. Pain in the rear. Having to carry cash everywhere. Finally got my debit card in the mail yesterday.

But yes this was a very good point. thanks for bringing it up. I didn't worry about the CHL till then next day.