Prior to Having License in Hand....

[boomerang]

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.

GC 411.187(b)
If a peace officer believes a reason listed in Subsection (a) to suspend a license exists, the officer shall prepare an affidavit on a form provided by the department stating the reason for the suspension 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 the 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.

[Budge]

Boomerang...thank you!

GC 411.187(b)

Where can I find this?

[joe817]

Boomerang...thank you!

GC 411.187(b)

Where can I find this?

On the DPS website for CHL:

http://www.txdps.state.tx.us/administra ... hanges.pdf" onclick="window.open(this.href);return false;

[Budge]

Thanks y'all.

After reviewing the information on this, it seems the officer took almost 30 days (instead of the mandated five days) just to send the DPS all of the documentation needed. He never sent me a copy either. But even so, I keep getting the feeling that I'm going to get screwed on this deal.

Is there anything in the code that establishes the date which you become subject to the gun code? Or anything that states that it is the applicant's responsibility to check the website for his status? I've read through this, and it seems to say that you are approved the day the license is approved in Austin. But you cannot carry until you receive your license. So when do you become subject to the gun code?

[Charles L. Cotton]

Thanks y'all.

After reviewing the information on this, it seems the officer took almost 30 days (instead of the mandated five days) just to send the DPS all of the documentation needed. He never sent me a copy either. But even so, I keep getting the feeling that I'm going to get screwed on this deal.

Is there anything in the code that establishes the date which you become subject to the gun code? Or anything that states that it is the applicant's responsibility to check the website for his status? I've read through this, and it seems to say that you are approved the day the license is approved in Austin. But you cannot carry until you receive your license. So when do you become subject to the gun code?

Call me at my office. I'll be in trial Monday and I'll call you when you get out. Where are you located?

Chas.

713-228-0700 Office

[Budge]

Thank you, Mr. Cotton. I live in Plano, north of Dallas.

[redfish76]

Being a newbie, I have been browsing around and just read this thread. I honestly can't believe that it has gone this far. I certainly hope you are exonerated of any violation. Like someone else posted, I too, took the class from a moonlighting LEO. He was obviously pro-carry. Also, a couple of friends who are FW cops are pro-carry as well. It seems most of them like to learn that the guy they just pulled over, etc., is licensed because they have already been through the background checks and make an effort to follow the law. Sounds like you found a bad apple in the bunch.

When is your hearing/trial? Best of luck to you and keep us posted.

[Budge]

Well, I received a letter today from the Texas DPS. Their attorney, after reviewing my file, has decided "not to pursue the suspension of (my) license based on that incident."

The rest of the letter is a review of Texas Govt. Code 411.205a and the legal definition of "carrying" to include anywhere in the passenger cabin of the vehicle. DPS refers to this as their "Cautionary Letter".

As much as I am thrilled that someone finally came to their senses over at the DPS, I feel offended by this second reprimand. The first one came from the officer, and now the DPS is "letting me go"? According to my friend at the DPS, they prosecute ALL infractions of CHL holders as a rule. Their decision not to pursue my case means that (a) they realize that it's their own fault because they shipped my license five days after approving it, or (b) the officer did not follow established protocols of providing me with a copy of his affidavit or filing within the deadline.

In either case, I didn't deserve another reprimand. I wasn't exactly expecting an apology. At the very least, they should accept some of the responsibility and offer to expunge the incident from my record.

I'm going to try and call their attorney tomorrow and get some more information. Check back soon for another update. If I can't get ahold of him, I'm planning on writing a letter of my own.

[USA1]

im very glad to see things working in your favor. keep us updated

[diveinstructor]

Glad it worked out for you. Sounds like the DPS lawyer had good judgment, as opposed to the Plano PD. I wouldn't worry too much about the letter about carrying from DPS. It's probably just standard boilerplate. One thing to consider is filing a citizen's complaint against the officer with the Plano PD. You might be able to cause him at least a little grief.

[aardwolf]

One thing to consider is filing a citizen's complaint against the officer with the Plano PD. You might be able to cause him at least a little grief.

If he thought it was a good idea to file official paperwork, you should return the favor.

[JPGIII]

Wow. Just came across this thread and... well, wow

Hopefully it won't even be on your record since the incident was dismissed (or rather, couldn't be used as evidence to support say a straight revocation should you accidentally commit an offense in the future).

I've had many conversations with our (Plano) local LEOs about armed citizens. There are lots of pro-ccw officers and even some who don't really like the idea but agree it's a citizen's right. Unfortunately I think every city has its share of anti-gun rights individuals that will do anything within their power (and often times beyond) to force their agenda on law abiding citizens.

Best of luck to you. And out of curiosity, did you contact that officer's superior and/or make a formal complaint with the department for both failure to copy you on the complaint to DPS & failure to make the complaint in a timely manner (5 days from what I read in the previous posts)? Even a "we'll review the situation" would let us know they are aware of the issue.

[WildBill]

Well, I received a letter today from the Texas DPS. Their attorney, after reviewing my file, has decided "not to pursue the suspension of (my) license based on that incident."

That is good news. You "won" so my advice is to move on. I would go ahead and write your letter to the DPS. I would thank them for their wisdom for not pursuing the suspension and restate your dissatifaction with the actions of the Plano LEO. The DPS is not going to "expunge" this matter, but that could be a good thing. If the LEO does something similar in the future there will be an official record of his actions. I wouldn't waste any more time or energy on this matter.

[lws380]

My advise is to continue with your plans. I think the irresponsible person here was the officer. He is obviously arrogant, lacks common sense, and has no empathy or compassion. Not exactly what I would call as the ideal features of a police officer. Not persuing it sends a message that he can get away with his behavior. I also think you may help keep this from happening to another person in similar circmstances.

[diveinstructor]

My advise is to continue with your plans. I think the irresponsible person here was the officer. He is obviously arrogant, lacks common sense, and has no empathy or compassion. Not exactly what I would call as the ideal features of a police officer. Not persuing it sends a message that he can get away with his behavior. I also think you may help keep this from happening to another person in similar circmstances.

The officer sounds like a young punk with a shiny new badge. He's letting his Harry Callahan ego overload his Barney Fife.