November '08 Applications

[Morgan]

There is no "test case" involved. you're breaking the rule if you carry without your plastic. It's in black and white. You will potentially get your license suspended and have a strike against you for permanent loss if you're caught. You don't get a 2nd chance...the next strike is OUT.

[boomerang]

There is no "test case" involved. you're breaking the rule if you carry without your plastic. It's in black and white. You will potentially get your license suspended and have a strike against you for permanent loss if you're caught. You don't get a 2nd chance...the next strike is OUT.

What law do you think he's breaking by carrying a firearm in his car in Texas?

[jiannichan]

I think once it gets issued, it shows up in the system that you have your CHL and if an LEO pulls you over, they can see that you're a CHL holder. Maybe he is referring to being a 'test case' for carrying in the car and seeing if you fall under the MPA/HB1815 or if they go by CHL laws.

[Morgan]

There is no "test case" involved. you're breaking the rule if you carry without your plastic. It's in black and white. You will potentially get your license suspended and have a strike against you for permanent loss if you're caught. You don't get a 2nd chance...the next strike is OUT.

What law do you think he's breaking by carrying a firearm in his car in Texas?

For some reason I misread that... I thought he was talking about carrying in public NOT in his vehicle...
That being said, I also wouldn't have wanted to be that guy who shows up in their system, but doesn't have plastic and has to 'splain, because I don't see how 1815 ameliorates the requirements under CHL provisions to provide the plastic if you're asked for ID AND you have a gun within your control.

[Fangs]

That's why it'd be a test case... Am I carrying under the Castle Law if I don't have my plastic yet, even if it's been issued?

[Keith B]

That's why it'd be a test case... Am I carrying under the Castle Law if I don't have my plastic yet, even if it's been issued?

FYI, there is no such thing as carrying under the Castle Doctrine. What you are referring to is the Motorist Protection Act that was invoked under HB 1815 last year.

To answer the question, IANAL, but believe that once the website goes active and shows your license issued, then you are bound by the CHL and have to have it on your person. It is not a set time-frame that the CHL shows up on a DL check, but it has been stated that it can show up before receiving the plastic. Sooooo, not a good idea to carry in the car and potentially be in violation IMO.

Also, once your CHL is active you can no longer carry under the Motorist Protection Act; you are now carrying under the authority of the CHL, even if you don't have your license on you in the car.

[Morgan]

The problem as I see it is that not everyone can know their certificate is active. If someone uses paper to apply and has no internet access, there is no reasonable way they'd know that their certificate is active. So I think that a NORMAL functional conversation would go logically like this:

Where is your CHL?

I don't have the card yet.

Oh.

Now, of course, there are things the new CHL licensee could do to make it worse, and some police officers might make trouble. But I think in the end, the CHL would beat the rap.

Just MHO and IANAL and all that. :)

[brentkhack]

I mailed my app 11-18-08 and my PIN letter was dated 12-12-08. My question is, what time frame am I looking at since I live in Galveston County. I have heard bad things about Harris County, just want to know what I am up against.

Thanks

[kimber909]

The times appear to be all over the map. Some are as little as 37 days while others are 180+. It does appear to be getting a little better. I mailed mine in a day later than you and I'm in Harris county, we'll have to see who gets it first.

[Ricky]

Well, my new fingerprint cards were delivered this morning. I went to Waco and used the Integrated Biometric Technology (IBT) Fingerprinting location there so they should be good this time. The holidays will delay me a few days, but it shouldn't be too much longer!!

[Fangs]

That's why it'd be a test case... Am I carrying under the Castle Law if I don't have my plastic yet, even if it's been issued?

FYI, there is no such thing as carrying under the Castle Doctrine. What you are referring to is the Motorist Protection Act that was invoked under HB 1815 last year.

Thanks for clearing that up. I guess for now I'll just keep my gun in the trunk to be safe until the plastic gets here.

[Fangs]

Plastic got here yesterday. Best late Christmas present ever.

[jiannichan]

Congrats man! It feels nice now to carry where ever you want without having to ditch it in the car, huh?

[Fangs]

Yes it does. Suprisingly enough, I wasn't nervous at all. I think I got all the nervousness out at Sights and Sounds of Christmas here in San Marcos when I ran around with an AirSoft gun in my concealed holster. There were cops everywhere and lots of people and no one said anything. Did have the jitters for the first hour or so, but after that it was all good. Now with my real gun it's no big deal.

[bayouhazard]

Also, once your CHL is active you can no longer carry under the Motorist Protection Act; you are now carrying under the authority of the CHL, even if you don't have your license on you in the car.

I read 46.02 three times and can't find that anywhere. What am I missing?