Unless people want those carrying under the Motorist Protection Act to have to notify LEO's as do CHLs, then I wouldn't keep mentioning the fact that they currently have no such duty. One of the Senator's on the committee mentioned that we need uniformity alright and that uniformity would come in the form of requiring anyone carrying a gun to tell a LEO.
Chas.
Search found 4 matches
- Fri May 15, 2009 2:57 pm
- Forum: 2009 Texas Legislative Session
- Topic: HB410 status
- Replies: 41
- Views: 22331
- Thu May 14, 2009 1:06 pm
- Forum: 2009 Texas Legislative Session
- Topic: HB410 status
- Replies: 41
- Views: 22331
Re: HB410 status
You are correct. If the Sunset Bill passes with this provision in it, then CHL's will have a duty to display their CHL, but there will be no penalty for failing to do so.Coogan wrote:I believe the following link represents the amendment which incorporated HB410 into HB2730:
http://www.legis.state.tx.us/tlodocs/81 ... 30H231.PDF" onclick="window.open(this.href);return false;
After reading the amendment, it looks like we are still suppose to present our CHL license when asked for ID (if carrying). However, we cannot be prosecuted for failing to present the CHL license.
Also, I believe HB410 contained a provision to prevent the police officer from seeing that you have a CHL license when they run your driver license. The amendment to HB2730 does not contain the language to block your CHL status. If this does become law, I could envision a scenerio where a CHL holder is stopped by a police officer, the CHL holder who is carrying only gives the police officer their driver license, the officer runs the DL and notices that the person has a CHL, then returns to the driver and asks them if they currently have a gun in the vehicle. This question would never come up if someone without a CHL was carrying under the Motorist Protection Act.
If I´m not reading this amendment correctly, someone please let me know. I am not complaining -- at this late stage in the game, something is better than nothing, and I realize HB410 probably does not have enough support to pass the Senate. I just want to make sure readers of this forum are aware of what was actually changed.
BTW, the floor amendment that prevented LEO's from being notified that a person had a CHL when they check their DL status doomed the bill. That was the primary justification for removing the duty to disclose a CHL. There was no reason to penalize a CHL if they forgot, or were nervous during a traffic stop, when the officer was going to be advised anyway. Whether you agree with it or not, like it or not, HB410 was not going to pass with that provision. The Senate committee had already blasted the Senate companion bill and it didn't have the 410 floor amendment.
Chas.
- Wed May 13, 2009 5:33 pm
- Forum: 2009 Texas Legislative Session
- Topic: HB410 status
- Replies: 41
- Views: 22331
Re: HB410 status
The provisions of HB410 were rolled into the DPS Sunset bill (HB2730) that passed today.
Chas.
Chas.
- Fri May 01, 2009 4:19 pm
- Forum: 2009 Texas Legislative Session
- Topic: HB410 status
- Replies: 41
- Views: 22331
Re: HB410 status
The legislative website has been updated. It passed the House on a unanimous vote. It now goes to the Senate where the Senate companion bill by Senator Hinojosa got a very "cool" reception. No one on the committee liked it, other than Sen. Hinojosa. We'll see what happens, but I'm not terribly optimistic.
Chas.
Chas.