KD5NRH wrote:AB140 (Toureilles, D, A) Relating to the use or display under certain circumstances of an expired license to carry a concealed handgun. Allows a CHL to carry on an expired CHL, if they have applied for renewal and haven't been notified by DPS that their application has been rejected. Potential problem with NICS exemption for Texas CHLs
Since it only provides the 46.02 exemption, and I couldn't find anything in the text regarding using an expired license to bypass a NICS check, why would there be any problem?
The BATFE rule for NICS exemption is that the license cannot be issued for a period of more than five years. Their goal is to make sure a NICS background check is done at least once every five years. In Texas, it is unlawful to carry a handgun unless you have a CHL. If the effective period is greater than five years, then the CHL has an effective period greater than five years. Arguably that violates the BATFE rule and we would lose our NICS exemption.
I could easily argue the other side of this issue. The license would expire at the end of five years, so an FFL could not and should not accept it in lieu of doing a NICS check. This preserves the BATFE's goal of having an effective period not to exceed five years.
By no means is it certain we would lose our NICS exemption if HB140 were to pass and that is why I said it is a "potential problem." However, I wouldn't want to rely upon BATFE being cooperative, especially when President Obama appoints a new BATFE Director. I applaud Rep. Toureilles' attempt to help CHLs facing absurd delays, but I fear we may suffer unintended consequences if this bill passes. I considered talking to BATFE and requesting a position on this issue, but that would do little good since BATFE has repudiated their own letter rulings many times in the past. If they were to do so in this situation, we wouldn't be able to correct it until 2011.
Chas.
