CHL shows up in background check

[alw]

Ok, this may clear some things up. The setting I was referring to in the original post was in fact a public school setting. I assume they can find this out by running the background check through the campus police. I would assume a CHL would show up for them as they have access to the same database as city, county, state and federal officials. Whether that is the correct or legal way to conduct a background check on a person or not is obviously up for debate. As someone on this thread mentioned, I would assume a lot of schools are trying to save money by doing this way, instead of the traditional background check.

[Hoi Polloi]

Off-topic: Why does the quick reply box show on some txchl boards and not on others? I just used in in Off Topic but there isn't one here.

In any case, it looks like the primary question to pose to the OP's acquaintance is whether this background check showing CHL status is coming from DPS or from other sources. If it is from one of those aggregate places, it would not be an issue of legality, but those here would be interested in knowing the source to limit that information being spread as much as possible.

While we can't limit everything, there are some things we can do. When we check off the boxes in those free drawings for a car at the ball park or mall asking if we have pets or children and what age and income bracket we're in and how many bedrooms are in our house, those are aggregated and put in marketing databases. If it was from a self-reporting source like that, we'd know to not report gun-related interests in those venues. Likewise, we have control over some other similar sources and it is good for people to understand how those sources are used.

[seamusTX]

I assume they can find this out by running the background check through the campus police. I would assume a CHL would show up for them as they have access to the same database as city, county, state and federal officials.

As I said earlier, it is illegal to perform that kind of check on someone who is not a suspect in a crime. When you are stopped for a traffic offense, even if it is something trivial like a burned-out taillight, you are a criminal suspect.

That doesn't necessarily mean that such checks are not used.

There is no single database. There are separate federal and state databases, and not all local information is in the state databases. Congress has taken care over the years to limit the development of Big Brother. Remember the proposed Total Information Awareness system, and the kerfuffle over tapping foreign phone calls?

Probably the NSA or similar agencies can find out almost anything about you from data, but the fourth amendment prohibits that information from being used in a criminal proceeding.

Employment by private parties has always been iffy. Employers can decline to hire people who smoke, or people with bad credit ratings, even if that is not directly relevant to the job. Sometimes they can limit the sex or religion of hirees. Obesity is still under debate.

There was a time when they would not hire single mothers, though that is illegal now.

- Jim

[alw]

How would a local private investigator obtain CHL information lawfully if it can only be searched for as the law is written and interpreted?

"Texas Concealed Handgun Search
This search will tell you if a person in question has a Texas CHL. It will only reveal YES or NO. No other information is provided. If the status of the CHL is suspended or revoked, the results are returned as NO.
Required: Full name, date of birth
Optional: Driver License Number or Social Security Number
$50.00 "

http://www.houstonpi.com/" onclick="window.open(this.href);return false;

NO, I'm not advertising or affiliated with this site.

[seamusTX]

They could not legally. Probably that page is obsolete.

PIs have been known to skirt the law, but they had better not be advertising that fact.

- Jim

[Bart]

While we can't limit everything, there are some things we can do. When we check off the boxes in those free drawings for a car at the ball park or mall asking if we have pets or children and what age and income bracket we're in and how many bedrooms are in our house, those are aggregated and put in marketing databases. If it was from a self-reporting source like that, we'd know to not report gun-related interests in those venues. Likewise, we have control over some other similar sources and it is good for people to understand how those sources are used.

AFAIK there's no penalty for making up answers on surveys.

[srothstein]

Let's suppose that I'm in NM and have been pulled over for a traffic stop. Can the NM LEO pull the TCIC? I know that he/she should be able to pull the NCIC. I'm assuming that the TCIC would display protective orders, etc. in addition to the CHL.

The TCIC would display that information but it is not available outside the state of Texas. The NM officer would get his information through the NMCIC (or whatever they decided to call it). They would not see the warrants, CHL, or protective orders from Texas.

If the NM LEO cannot pull TCIC, how else would they know about an active warrant against me by a local municipality? No, I don't have anything like that, I'm just asking. Let's suppose that it is a bench warrant for a traffic fine that I didn't pay. Again, I'm just curious.

The reason these warrants are not shown is that it is illegal to extradite you across state lines for a misdemeanor warrant. So, municipal fines, even county court warrants for unlawfully carrying, are not enforceable outside the state. As a technicality, a person arrested on a felony warrant out of state must have the original jurisdiction agree to extradite through the courts. Many cases are pending because the PD does not have the money to go very far outside the state (for example, Luling has a case pending against a suspected rapist. He is known to be living in Tennessee right now, but the city does not have the money to extradite from further than one state away. So, he is living his life and just knows not to come back anywhere near Texas. Many warrants are entered into NCIC with notes on where the PD will extradite from, and he cannot be arrested if the warrant says only bordering states and he is further than that.

Sorry to get this way, but warrants and out of state information get very tricky with laws on verifying extradition, what offenses are allowed, time limits for each communication, etc.

[Hoi Polloi]

Let's suppose that I'm in NM and have been pulled over for a traffic stop. Can the NM LEO pull the TCIC? I know that he/she should be able to pull the NCIC. I'm assuming that the TCIC would display protective orders, etc. in addition to the CHL.

The TCIC would display that information but it is not available outside the state of Texas. The NM officer would get his information through the NMCIC (or whatever they decided to call it). They would not see the warrants, CHL, or protective orders from Texas.

To clarify, while the New Mexico database (NMCIC [??]) wouldn't show a TX warrant or protective order and the New Mexico police would not be able to see the TX database (TCIC) that would, the national database (NCIC) might show them. If NCIC does show them then it will show to officers in all US states and territories. Whether something ends up in NCIC depends on the issuing state, as Steve explained.

[chasfm11]

Thanks, Steve and Hoi. That is the most clear explanation that I've seen to date. My reason for asking is simple. We travel from time to time and if I were stopped out of Texas (particularly some place like WVA or NJ that doesn't honor the Texas CHL, I don't want to be "outed." I will have been smart enough to move guns and ammo to the required separated cases for Federal transport but some of NJ doesn't even honor that. So I'll answer questions truthfully but I'm not volunteering any information. The average LEO on an out of State traffic stop or accident isn't going to ask - unless something prompts him to do so.

Besides, I'm a computer geek and I just like to know how things work.

Chas

[Purplehood]

I will be applying for a teaching job in the near future, and yes, I do believe that having a CHL would disqualify me from getting a job in that environment if it were part of the background check. I would like to know where to get a definite 'yes" or "no" on this question.

Embalmo

I am totally with you. It should absolutely NOT be on any kind of background check that is for private-sector employment. I can see it on any employment requiring a clearance.

[2up1down]

if I was a curious employer, let's see, I have your DL #, your SSN# and your DOB.
It would be as simple as going to the DPS Status page where we check the current status and plugging in the info.
Not sure how long it is stored and "older" holder could verify if their info is still up.

[seamusTX]

Did DPS get rid of PINs for the CHL status page?

Ninety percent of the population of Texas doesn't know what a CHL is, and everyone who still has a job is overworked. They don't have the time or energy for this kind of speculation.

- Jim

[WildBill]

Did DPS get rid of PINs for the CHL status page?

Ninety percent of the population of Texas doesn't know what a CHL is, and everyone who still has a job is overworked. They don't have the time or energy for this kind of speculation. - Jim

Ninety nine percent of the population outside of Texas doesn't know what a CHL is.

[seamusTX]

I would say 99.9% of the population outside of Texas doesn't know what a CHL is. They tend to call it a CCW, CWP, or pistol license.

But this conversation started with hiring by school districts, which are by definition local, unless you're talking about something like the University of Phoenix.

- Jim

[WildBill]

I would say 99.9% of the population outside of Texas doesn't know what a CHL is. They tend to call it a CCW, CWP, or pistol license.

But this conversation started with hiring by school districts, which are by definition local, unless you're talking about something like the University of Phoenix.

- Jim