artx wrote:IANAL but having an out of state CHL doesn't exempt you from the Texas laws - you still must abide by them and show your CHL, regardless of state, to the officer since that is Texas state law. I wonder if you could still be charged with the class b for failure to provide license...
That is correct,and yes you can.
Correct in theory but a little more difficult in practice.
A person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B misdemeanor.
boomerang wrote:That's why I called and faxed to show my support for HB 410. It was an early bill and there was plenty of time to pass it. If it doesn't pass I won't renew my CHL and I will do my best to encourage everyone I meet to get a Florida or Utah license instead of a Texas CHL. If they can't pass something as simple and logical as HB 410 then the state of Texas doesn't deserve our license fees.
IANAL but having an out of state CHL doesn't exempt you from the Texas laws
Like I said, If they can't pass something as simple and logical as HB 410 then the state of Texas doesn't deserve our license fees.
Plus there are the benefits of a significantly less costly initial license and renewal fee for Utah, and fewer bureacratic hoops (training, multiple affidavits, etc.) for both Florida and Utah.
Not having your CHL linked to your DL or vehicle registration: Priceless
Not to muddy the waters more, but what if you possess BOTH Texas and Utah; Texas and Floridia. Is there any requirement to present BOTH CHL licences if you are involved in a traffic stop situation?
gwholt1 wrote:Not to muddy the waters more, but what if you possess BOTH Texas and Utah; Texas and Floridia. Is there any requirement to present BOTH CHL licences if you are involved in a traffic stop situation?
No, but you have to show one of them and you should present the Texas CHL as that shows on your DL check and they will want to know where it is.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
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.
Budge wrote:I specifically joined this forum tonight to talk about this issue. Imagine my surprise to find a thread already.
I took my CHL class about six weeks ago. I checked online this past Friday, and my status was still pending. Tonight, on my way home from picking up my son from daycare, I was pulled over in Plano. The officer informed me that he pulled me over for having no front license plate. At least 20% of the cars in Plano don't have front license plates, and it's not checked during state inspection, so...well that's another story I guess.
Anyway, the officer goes back to his car to check my license. When he got back, he asked me if I had a concealed weapon in the car. I told him that I did, and I was politely asked to exit the vehicle with my hands visible. No problem. He then asks me why I didn't provide him with my CHL and inform him that I was carrying. According to his computer, I have an active license. I told him that I hadn't received the license yet, and that I didn't even know that I had been approved. He didn't care, and he informed me that he was filing a report with DPS about my "violation" and that I would have to take it up with them to clear up the matter. I was shocked. I asked him what I should have done. Don't I have the right to have a concealed weapon in my car without a license? He said the violation wasn't the weapon, it was not providing the CHL. He acknowledged that IF I was telling the truth, then there is a loophole in the system. And that's not his problem.
What am I supposed to do now? Am I going to lose my license before I ever even get it? I am so upset. I played by the rules and did everything that I was supposed to do. And now if feel like I'm being punished for it. This feels a lot more like gun registration.
you should win your case and when you do you should write a letter to that cops supervisor.what a fascist jerk....Plano huh you should also get your lawyer to subpoena one of the people at the dps chl bureau to explain how things are done there.none of this is your fault...you didn't do anything wrong....
later, Stormbringerr
Show me a sane man and I will cure him for you.
Carl Jung
I did my CHL test last Saturday and it was given to me by a full-time LEO who moonlights as a CHL instructor. He mentioned another LEO in his department who delights in nailing CHL holders who don't present during a traffic stop. In fact, he said that this officer goes out of his way to find out where the CHL test was taken and then when he encounters the instructor at work says "I got another one of your students suspended over the weekend".
The instructor was warning us that there is a segment of LE that is totally against CC and will go out of there way to make your life difficult. I'm just hoping that this segment is a minority of LEO's.
whodat1 wrote:The instructor was warning us that there is a segment of LE that is totally against CC and will go out of there way to make your life difficult. I'm just hoping that this segment is a minority of LEO's.
From my conversations with cops, most are pro CC and 2A. Even a small minority that is anti is dangerous though. These are the guys that are going to love to tear your house apart looking for those illegal assault rifles if we're not careful.
I just hope there's enough of the good guys in the Departments to ride herd over them.
whodat1 wrote:The instructor was warning us that there is a segment of LE that is totally against CC and will go out of there way to make your life difficult. I'm just hoping that this segment is a minority of LEO's.
Even a small minority that is anti is dangerous though. These are the guys that are going to love to tear your house apart looking for those illegal assault rifles if we're not careful.
And those are the "elitists" that HB410 was written to protect us from.
JL
edit: I shouldn't say HB410 was written to protect us from those types,but it would help protect us from those types.
"The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed."
-Thomas Jefferson.
whodat1 wrote:I did my CHL test last Saturday and it was given to me by a full-time LEO who moonlights as a CHL instructor. He mentioned another LEO in his department who delights in nailing CHL holders who don't present during a traffic stop. In fact, he said that this officer goes out of his way to find out where the CHL test was taken and then when he encounters the instructor at work says "I got another one of your students suspended over the weekend".
The instructor was warning us that there is a segment of LE that is totally against CC and will go out of there way to make your life difficult. I'm just hoping that this segment is a minority of LEO's.
That is so wrong....I know tons of police and all have been very pro CHL and 2A.....sad to hear that there is some out there that are making it a personal war...which starts to ask if that is even legal in some aspects??
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?
