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texasmike

TexasCajun wrote:A person visiting from out of state would have an out of state driver's license. In most cases, the DL and the CHL would match. During routine traffic stops, I've been asked if the address on my license is correct (it alwasy is as I've usually begun the paperwork to change the address before I've moved). So establishing where someone lives isn't that difficult.

For most situations, I agree, it is not difficult to tell where someone "lives." But difficult situations do arise. For example, assume someone from Lake Charles (LA) is going through a separation and goes to live with a family member in Beaumont while trying to figure out his next step in life. The house that he owns, as well as his immediate family, are in Louisiana. But he's moved out and is staying with someone in Texas. It may be a temporary visit, or it may be permanent, depending on what he decides to do next. At what point is he domiciled in Texas? At what point does he need to get a Texas CHL?

texasmike

2firfun50 wrote:
Charles L. Cotton wrote:HB383 by Burnam: Prohibiting Texas residents from carrying on an out-of-state license

SB164 (Van de Putte): Providing option to have "Veteran" printed on CHL.
Some thoughts I would like to interject into this discussion. According to the DPS website, once one moves to Texas, your previous state of residence driver's license is only good for 90 days. You must then get a Texas license and give up your previous license. Unless you are active duty military or a non resident student, the same rules apply to your vehicle(s). With the vehicle you have to jump thru hoops with insurance, and state inspections. If you can't legally drive on your previous state driver's license after 90 days, why would it be ok to carry on your previous resident state CHL? The driver's license and vehicle registration are already law.

From a LEO standpoint on the side of the road, if your driver's license, vehicle registration, and recognized out of state CHL are all in order, then you should be good to go.

The bill doesn't include a 90-day time limit. As it is written, the bill would require someone to obtain a Texas CHL once he is "domiciled" here. It can be really hard to figure out where someone is "domiciled," and this "domicile" test could create problems for out-of-state CHL holders (because it can be unclear whether someone from out of state needs to get a Texas CHL). I'd feel a lot more comfortable if the bill contained your bright-line, 90-day test. In other words, I'd be much more comfortable with a law that required people holding an out-of-state CHL to get a Texas CHL once they've been here for 90 days.

texasmike

steveincowtown wrote:
Charles L. Cotton wrote:HB383 by Burnam: Prohibiting Texas residents from carrying on an out-of-state license

Boo.

This is a bad bill all around.

#1> Burnam is no conservative.

#2> My prediction is this will cause a myriad of unintended consequences.

My immediate concern is that determining domicile is an inherently fact-laden inquiry. If a Texas LEO confronts someone carrying under the authority of a CHL issued by another state, how does the LEO know whether the person is domiciled in Texas? What if the person is visiting for a week, has a three-week job assignment here, or is attending school for a semester? Persons carrying in Texas under the authority of a CHL issued by another state would be put to increased risk of prosecution for unlawfully carrying a firearm, just to determine whether the license holder is "domiciled" in Texas.

By contrast, the reciprocity regime is a clear rule with predictable results.

I also worry that, by chipping away at reciprocity, we could eventually make things more difficult for Texas CHL holders who carry in other states.

texasmike

Charles L. Cotton wrote:HB383 by Burnam: Prohibiting Texas residents from carrying on an out-of-state license

Interesting

[A] person's license to carry a concealed handgun issued by another state may not be recognized and is not valid in this state if the person has established a domicile in this state.

So, apparently, reciprocity applies as usual, except that if you actually live in Texas, you need to get a Texas CHL. You can't live here and carry under the authority of a license issued by another state. (If the bill were to pass of course.)

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