Search found 4 matches

by The Annoyed Man
Tue May 29, 2012 1:04 pm
Forum: LEO Contacts & Bloopers
Topic: TX Residents with out of state CHL
Replies: 40
Views: 14538

Re: TX Residents with out of state CHL

dev_null wrote:Let me clarify, if I can:

1. AZ does not distinguish between in-state and out-of-state applicants. My AZ permit was applied-for from, and issued to, my TX residence. It is valid for the next few years.

2. I'm not talking about MPA per se. I'm talking about handing the officer my TX DL and an AZ CHP.

(3. My reasons for not yet having a TX CHP are not relevant to the question, other than the fact that they have nothing to do with any criminal record or other legal disbarment for getting one.)

Hope this helps narrow the question...
Yes, it does help. Thank you. As a general principle, regardless of which state issued the carry license, and regardless of whether it is a resident or non-resident license, IN TEXAS the laws of Texas CHL apply. Under those laws, you are required to show both TDL and carry license to the officer if you are carrying a weapon or have a handgun in the car (since it is under your control). There is no longer any penalty for failure to do so, but it is bad form in the sense of building/destroying good will. As far as whether or not you should expect additional trouble for an out of state license, I would say generally no, but you never know when you'll run into a cop who thinks that CHL is a bad idea, so be prepared for anything.
by The Annoyed Man
Tue May 29, 2012 12:27 am
Forum: LEO Contacts & Bloopers
Topic: TX Residents with out of state CHL
Replies: 40
Views: 14538

Re: TX Residents with out of state CHL

Jumping Frog wrote:
The Annoyed Man wrote:If you've been here more than 30 days and you are now a Texas resident, and you have not updated your Arizona carry license to "non-resident" status, then I believe that your Arizona license is no longer valid and you cannot legally carry a concealed handgun in Texas except under the authority—and limitations—of MPA.

Many of us have Texas CHLs AND some other state's non-resident permit. I have both a resident CHL and a non-resident Utah CFP. And some of us have only a non-resident permit from another state, such as a non-resident Florida license. But in ALL cases, your license from whatever issuing state must reflect your legal residency status here in Texas—as either a resident, or non-resident. In other words, if you are a Texas resident, your out of state license must be a non-resident license.
Cite the statute that supports your assertion, please.

I don't believe that is accurate. Arizona will issue licenses to both residents and non-residents, but there is no provision in their law to create a different class of Concealed Weapons Permit based upon residency. Similarly, the license is valid until revoked, suspended, or expired. There is no provision in their law to revoke a license for failure to update the residential address (R13-9-601. Suspension and Revocation). Finally, unless notified in writing that the AZ licensed was suspended or revoked, it remains valid.

Absent the actual AZ-TX reciprocity agreement specifying limitations to license recognition based upon becoming a Texas resident, I see no legal means to state the OP's license is "no longer valid". The actual AZ-TX reciprocity agreement does not seem to be available online at either state's website.
I could be wrong. I'm just reciting what I remember. But I will say this..... if his AZ license is issued to an Arizona address, and he is a Texas resident with a Texas address, then I seriously doubt that his AZ license will still be recognized by Texas after 30 days any more than his AZ DL would be after he gained Texas residency. And, I just took my renewal class on Saturday from Crossfire. IIRC, she stated that failure to update the address on your CHL within 30 days of changing it is cause for suspension of the CHL for 30 days. If one has had two prior suspensions for failure to change the address on the CHL when it changes, then on the third offence the license may be permanently revoked. The conclusion I draw from this is that Texas is serious about the address on your CHL matching the address of your residence, and it doesn't require any leap of logic to assume that the state would be equally serious about out of state licenses........for Texas residents. Texas may not have authority to suspend or revoke an AZ license for use in AZ, but it most certainly can decide to invalidate that AZ license for use in Texas. After all, AZ may not dictate to Texas how Texas regulates these matters. If you say that AZ makes no distinction between resident and non-resident permits, I have no reason to doubt you. I don't frankly care enough to go research it for myself. But that said, I'd be willing to buy the beer if I'm wrong about Texas not caring about the address on an Arizona carry license not matching the address of residence in Texas. If Texas didn't care, it would fly in the face of existing law for Texas CHL holders.

For the record, I wish that Texas' laws matched those of Arizona. My post above isn't advocacy; it's merely a statement of my understanding of the law as currently written.
RoyGBiv wrote:I handed a Southlake cop my FL CHL and TX DL a few yeras ago. .... No problem.

I only recently bothered to get my TX CHL because I started traveling to CO more frequently and CO will only recognize an out of state licence if your DL and CHL are issued by the same state. TX does not yet have this restriction.
Does your FL license have a Texas address on it, or a Florida address? That's at the heart of what I posted above. My contention is that the address on your carry license must match the address on your TDL, which would be the address of your Texas residence. Otherwise, if you're not a Texas resident, then all of this is moot. The OP never specified if he was a Texas resident, or if his AZ license had a Texas address or not, as well as other questions. The point I was trying to make in my initial reply to him is that it was difficult to answer his questions with any certainty pending those details.
by The Annoyed Man
Mon May 28, 2012 1:53 pm
Forum: LEO Contacts & Bloopers
Topic: TX Residents with out of state CHL
Replies: 40
Views: 14538

Re: TX Residents with out of state CHL

gringo pistolero wrote:
dev_null wrote:Anyone here that's a TX resident been stopped while carrying, who only had an out of state permit (recognized by TX)? How did the LEO react? Any problems?

I have Texas residency, DL, insurance, etc., but my permit is from AZ since I don't yet have a TX CHL. Just wondering whether to expect lengthy discussions on the side of the road, or a cheerful "Here's your ticket, carry on."

(Not that I plan on getting stopped, but you never know.)
There's no need for a Texas CHL in that circumstance. You're covered by MPA in your car, whether you're a native Texan, a new Texan, or a visitor.

Welcome to Texas. :txflag:
If his AZ carry license is still valid, then MPA won't apply any more than it would for a valid CHL holder. If his AZ carry license is expired, then MPA applies.....along with its limitations.
by The Annoyed Man
Mon May 28, 2012 1:37 pm
Forum: LEO Contacts & Bloopers
Topic: TX Residents with out of state CHL
Replies: 40
Views: 14538

Re: TX Residents with out of state CHL

dev_null wrote:....but my permit is from AZ since I don't yet have a TX CHL.
Not sure how to answer your question because of the above phrase.

Are you a recent transplant from Arizona to Texas?

If so, how long have you been here?

If you are an Arizona transplant, did you ever update your Arizona carry license to "non-resident" status?

If you've been here more than 30 days and you are now a Texas resident, and you have not updated your Arizona carry license to "non-resident" status, then I believe that your Arizona license is no longer valid and you cannot legally carry a concealed handgun in Texas except under the authority—and limitations—of MPA.

Many of us have Texas CHLs AND some other state's non-resident permit. I have both a resident CHL and a non-resident Utah CFP. And some of us have only a non-resident permit from another state, such as a non-resident Florida license. But in ALL cases, your license from whatever issuing state must reflect your legal residency status here in Texas—as either a resident, or non-resident. In other words, if you are a Texas resident, your out of state license must be a non-resident license.

Also, be aware that some states which used to issue non-resident licenses pretty regularly either have, or may in the future require non-residents to possess a resident license from their state of residence before they can be issued a non-resident license from the state in question. Utah recently passed such a law, and it is no longer possible for Texas residents to obtain a non-resident Utah license unless they also hold a Texas resident CHL.

.....at least that is how my aging brain processes these things lately.....

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