TX Resident using Utah CHL to carry ?

[Sig Guy]

Hi All

I am Houston resident who cant get a Texas CHL at the moment because of a defaulted student loan.

Can I use a Utah non-resident CHL to carry in Texas ?

At a local gun shop i was told that i could,but some Officers aren't up to date with reciprocity laws and will see a non-resident CHL invalid.

Has any Texas residents been pulled over carrying with a non resident CHL and how did it go ?

Thanks for any responses

[seamusTX]

This topic has been discussed, but no one has reported a Texas resident with an out-of-state permit or license being stopped and searched.

(The chance of being searched is pretty low if you keep your nose clean. I've only been frisked once in my adult life, aside from in airports.)

- Jim

[casselthief]

I've only been frisked once in my adult life,
- Jim

Sig Guy: Check around for threads on the Utah license.

[propellerhead]

I had that same question but never got a straight answer. No one has come forth yet to say what happened. So it probably comes down the what the traveling law is like. It may be legal but you could get that one LEO that isn't quite sure of the law so he takes you in. So it boils down to a matter of risk. In your case, since you can't get a TX CHL, then I would say go for the UT one.

[Liberty]

You might want to carry a printout of the Texas recirocity website, and keep in mind the traveling provisions of the law.

I am not sure if producing the Utah permit would be wise or not if asked for identification.

[age_ranger]

You might want to carry a printout of the Texas recirocity website, and keep in mind the traveling provisions of the law.

I am not sure if producing the Utah permit would be wise or not if asked for identification.

Why not? It's legal? I'm sure a rookie LEO can call dispatch and have them look it up if necessary.

[Charles L. Cotton]

There is nothing in Texas statutes that prohibit a Texas resident from carrying on a recognized CHL from another state. If you get stopped and have a Texas driver's license and hand the officer a Utah CHL, you probably are going to get some questions. I like Liberty's suggestion to carry a printout of the Texas DPS website reciprocity section.

An interesting question deals with the failure to display your foreign CHL when asked for identification by a LEO. A Texas CHL holder is required to do so by Tex. Gov't. Code §411.205. Anyone carrying a handgun on a foreign CHL is subject to all Texas laws dealing with the carrying of handguns by a licenseholder, so it would appear a Texas resident (or anyone else) carrying on a Utah CHL is also required to show their CHL.

The first-offense penalty for failure to show your CHL is the suspension of the CHL pursuant to the procedures found in Tex. Gov't Code §411.187. A second offense is a Class B Misdemeanor, but only if the license had previously been suspended pursuant to §411.187.

Here's the interesting part. Texas has no authority to suspend a CHL issued by the State of Utah. Since there can be no suspension of a Utah CHL, then a second and subsequent failure to show your CHL cannot be a Class B Misdemeanor per Tex. Gov't Code §411.205(b), since there could not have been a suspension pursuant to §411.187. So it appears that a person carrying on a foreign CHL is required to show their CHL to a LEO, but there is no penalty for failure to do so. I am not suggesting that anyone carrying on a foreign CHL should fail to show their CHL!! For a Texas resident carrying on a foreign CHL, this would almost guarantee a chance to see if my reasoning on this issue is correct.

Chas.


Here is the relevant statute:
§ 411.205. DISPLAYING LICENSE; PENALTY. (a) If a
license holder is carrying a handgun on or about the license
holder's person when a magistrate or a peace officer demands that
the license holder display identification, the license holder shall
display both the license holder's driver's license or
identification certificate issued by the department and the license
holder's handgun license. A person who fails or refuses to display
the license and identification as required by this subsection is
subject to suspension of the person's license as provided by
Section 411.187.
(b) 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.

[age_ranger]

interesting, for sure..........

[Crossfire]

Charles,

I appreciate your careful consideration, and detailed answer.

I have advised all Utah students who don't have a Texas CHL to show the Utah license when asked by a LEO for ID. I have also advised those who have a Texas CHL AND a Utah CFP to NOT show the Utah license when asked for ID. No sense in muddying up the situation.

In addition, I have begun copying the Utah/Texas reciprocity agreement to give to all students, and advise them to carry it in their car in the event of any problems with an uninformed officer.

So far, I am not aware of any Utah CFP holders who have been stopped. I guess we will have to wait and see. And, as we know, the response will differ depending on the location, just as it does with the Texas CHL.

[Charles L. Cotton]

. . . I have advised all Utah students who don't have a Texas CHL to show the Utah license when asked by a LEO for ID. I have also advised those who have a Texas CHL AND a Utah CFP to NOT show the Utah license when asked for ID. No sense in muddying up the situation.

Good advice on both points. If I have to show my TX CHL, I won't show any from other states either.

Chas.

[Liberty]

Charles,

I appreciate your careful consideration, and detailed answer.

I have advised all Utah students who don't have a Texas CHL to show the Utah license when asked by a LEO for ID. I have also advised those who have a Texas CHL AND a Utah CFP to NOT show the Utah license when asked for ID. No sense in muddying up the situation.

It would probably not be a good idea to show the Utah CFP if not carrying.

[Crossfire]

I agree, Liberty. I will always show the Texas CHL, even if not carrying, because I know that a Texas DL check will show that I have one. Since I don't think the Utah CFP will show up on a Texas DL check, I advise to NOT show it if not carrying.

[Sig Guy]

Thanks for all the replies

I started the process last night to get a Utah permit and the Utah instructor here said it is legal but might be a problem if i get pulled over by a cop in a bad mood /and or not up to date with carrying on an out of state chl.

He said if i get pulled over while carrying to hand them the Utah CHL and gave me a copy of Texas/Utah's reciprocity agreement signed by the governor and said to keep it near by

I look forward to getting a Texas Chl but the instructor said alot of people are getting Utah CHL's because of cases similar to mine .

[seamusTX]

Does carrying a copy of the law or a web site actually work? In my few encounters with the police, their answer to any discussion was a version of "shut up or I'll arrest you." Granted, most of that was in Chicago in less politically correct times.

- Jim

[Liberty]

Does carrying a copy of the law or a web site actually work? In my few encounters with the police, their answer to any discussion was a version of "shut up or I'll arrest you." Granted, most of that was in Chicago in less politically correct times.

- Jim

I think it can help if it is presented as an explanation rather than proof. Most times that I've been stopped the police are pretty reasonable about being open to an explanation (They typically will ask if there is a reason for speeding) Although the printed document is not proof. It may either remind him of what he doesn't remember or give him doubt enough to ask from the more knowledgable over the radio. If the officer is in the parent mode and being argumentative, a printed web site isn't going to resolve a thing. If the officer seems honestly puzzled at why you would present to him an out of state permit, it can only help.

An officer would have to wonder, why you would present the out of state permit and admit to carrying if you didn't honestly believe you had the right to carry.