TexasCHLforum.com

Mike1951 wrote:

srothstein wrote:What do they do if there is not a full return done on the background check in that time? I believe Neal's option 2 is exactly what should be done. If they cannot deny a license in the time period, it should be issued.

Wouldn't this invalidate our ability to use our CHL to bypass NICS?

I have read that here in the past.

I don't know. I am not that up on the fine points of that area of the law. But since the NICS works that way, I don't think it should affect it.

rm9792 wrote:

snscott wrote:So, the point remains that there are indeed "legal speed limits" for which you can be considering in violation of the law if you exceed. And, you would be fined if caught doing so. On the other hand, Government agencies are apparently exempt from following the laws established specifically FOR THEM TO FOLLOW.

I was told by DPS they are allowed by law to exceed posted limits during their normal driving duties. I was told in a DD class that they were limited to 10mph over though unless responding or in a pursuit. Maybe Rothstein can weigh in. I personally have beaten speeding tickets (less than 10mph over/open road) by stating the conditions I was in and usually I was the only car on the road within sight. Law is not what matters in reality it is the person in the robe at the bench. Convince him and you go home.

Well, while not on topic, DPS or any other peace officer can exceed any posted speed limit by as much as they want at any time and not be breaking the law. Transportation Code Section 546.001 tells us which traffic laws do not apply to the police.

So, the laws actually do apply to the police UNLESS there is a specific law saying otherwise. Such as 46.15 saying 46.02 does not apply to police. Which gets us back on topic to the issuing of CHLs. The law is very specific and says that the license will be issued in a set time period. DPS must follow this law.

What do they do if there is not a full return done on the background check in that time? I believe Neal's option 2 is exactly what should be done. If they cannot deny a license in the time period, it should be issued. This is the spirit of a shall issue law. It also follows the precedent set by the federal government with the NICS check (if there is no answer in the 5 day limit, the buyer gets the gun). TABC follows this logic with our licenses. If we do not get the work done in time, we issue the license. If we do find later that there is a problem with the license, we revoke it.

DPS can do the same thing with a CHL. Issue the license when the time limit is up while they continue the background check. If it turns up something bad, revoke the license. Which leads me to question how often they have found something in the background check after the time limit has expired. In the TABC cases I know of, we were aware of the problem and investigating it when we issued the license. I would wonder if DPS gets surprised more often than we do.