Does this mean Im good to carry????

CHL discussions that do not fit into more specific topics

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74novaman
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Re: Does this mean Im good to carry????

#16

Post by 74novaman »

USA1 wrote:i have decided that the best practice for me will be to show it , out of courtesy to the LEO
if im not mistaken , Mr. Cotton recommended the same .
:iagree:

I'll show it, but its nice to know if my wallet gets stolen, I'll still be able to carry while I get a new card in.
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shootthesheet
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Re: Does this mean Im good to carry????

#17

Post by shootthesheet »

I will tell them WHEN they ask if I have any weapons in the car and show them the CHL if they ask to see it. However, this law will be toothless. I think of laws like this as further proof of insane legislative "compromise". It seems to have been necessary but must be fixed to take the requirement out completely. Non-CHL holders are not required and I see no other reason for us to have to except for hostile views from some legislators of CHL.

I wouldn't hesitate carrying under MPA. The probability is that you will never have to even deal with anything. If you need it you need it so it comes down to how afraid of the few ignorant LEOs you may run across. If you do not have a license in your hand you cannot carry so you are not a CHL holder. I think this can be looked on as practice for being a CHL holder. You have/will have certain defenses and abilities a non-CHL doesn't but you will still risk being hassled by prosecutors and LEOs that either don't understand the law or are intentionally hostile to the privileges of CHL and/or any civilian who choose to exercise their 2A rights.

I look at it like marriage in that while their are great advantages of being married the disadvantages exists. If a person is willing to stick it out thru the BAD as well as the good they will succeed and live a good life. If they are looking for security and happiness with no problems they should not even consider the responsibility. That said, this is a prayer request for my wife and me. No detail request please. :oops:
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C-dub
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Re: Does this mean Im good to carry????

#18

Post by C-dub »

I'm wondering if there is a difference between failure to show the CHL when asked for ID and being unable to show it because you haven't received it yet or forgot it at home? It probably wouldn't happen to me because my CHL is behind my DL in the same spot in my wallet, but for those that keep them separate, if you forget to initially show it you would still be able to if the LEO asks about it. Regardless of the lack of a penalty, I would still be guilty of failure to show the CHL, wouldn't I? However, does it make a difference if I still can't produce it even when specifically asked for it?
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
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LarryH
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Re: Does this mean Im good to carry????

#19

Post by LarryH »

C-dub wrote:I'm wondering if there is a difference between failure to show the CHL when asked for ID and being unable to show it because you haven't received it yet or forgot it at home? It probably wouldn't happen to me because my CHL is behind my DL in the same spot in my wallet, but for those that keep them separate, if you forget to initially show it you would still be able to if the LEO asks about it. Regardless of the lack of a penalty, I would still be guilty of failure to show the CHL, wouldn't I? However, does it make a difference if I still can't produce it even when specifically asked for it?
You are only required to show your CHL when asked, if you're carrying. If you forgot your CHL at home, or if you haven't received it yet, the "safest" thing (as far as this topic is concerned) would be to leave your gun at home, at least until after September 1. There was another thread in which the OP was berated and ticketed by a LEO because his CHL had been issued, but not yet received, and the LEO's computer terminal showed that he held a CHL.

I guess the question (to quote Dirty Harry) is "Do you feel lucky?"

dicion
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Re: Does this mean Im good to carry????

#20

Post by dicion »

LarryH wrote: You are only required to show your CHL when asked, if you're carrying. If you forgot your CHL at home, or if you haven't received it yet, the "safest" thing (as far as this topic is concerned) would be to leave your gun at home, at least until after September 1. There was another thread in which the OP was berated and ticketed by a LEO because his CHL had been issued, but not yet received, and the LEO's computer terminal showed that he held a CHL.
This is the exact thread I was speaking of earlier. When this went to the DPS, the DPS Decided not to persue the suspension, because of the law coming into effect September first. The poster was told this directly from the DPS Legal council.
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C-dub
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Re: Does this mean Im good to carry????

#21

Post by C-dub »

No sarcasm, really.

I've read that thread and I do agree that until the plastic is in hand the weapon should be left at home. JMHO
However, assuming that I am carrying, I was curious if there was a difference between failing to show the CHL with the DL when asked for ID or being unable to show it for whatever reason.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
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boomerang
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Re: Does this mean Im good to carry????

#22

Post by boomerang »

Keith B wrote:And actually you are still breaking the law. The revision does not eliminate the requirement to show your CHL, just that if you fail to do it there is no penalty.

I wonder if they could detain you until you show them the license. That could mean if you were only showing approved on the website/database, they might keep you for 7-10 days until your wife can open the mail, get your plastic and bring it down to show. And, if you live alone with no one to get your mail, you might never get out!! :mrgreen:
Right now (before 9/1) it's not even a misdemeanor for the first offense so what reason would they have to detain you for an extended time?

Can the new head of DPS be detained until all overdue CHL applications are processed? "rlol"
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boomerang
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Re: Does this mean Im good to carry????

#23

Post by boomerang »

C-dub wrote:However, assuming that I am carrying, I was curious if there was a difference between failing to show the CHL with the DL when asked for ID or being unable to show it for whatever reason.

I see no exceptions in the law. If it happened 6 months ago, they might have mercy on you at the hearing if your CHL was in the mail when you were stopped, but the law makes no distinction about why you failed to display it when asked for ID.

However, it's also important to remember that we are required to have our CHL in our possession when carrying under that authority. The law has long had an exception for carrying on our own property. The MPA added the ability for law abiding people to carry in our cars without a license. But if you're carrying in the grocery store and you don't have your plastic, you're violating section 46.02 and can be prosecuted for that (assuming you don't fall under one of the other exceptions like peace officer) even after 9/1.
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
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C-dub
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Re: Does this mean Im good to carry????

#24

Post by C-dub »

That's kind of what I was thinking. We probably/might be in trouble for not initialy showing the CHL voluntarily when asked for ID, but not being able to show it at all after being specifically asked for it would be worse. Unless it were also the second time we had failed to show it.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
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