Search found 7 matches

by Jumping Frog
Thu Apr 30, 2015 5:11 am
Forum: Other States
Topic: Ohio CHL Visiting Texas
Replies: 35
Views: 8147

Re: Ohio CHL Visiting Texas

magillapd wrote:TX DPS has it posted on their website now. https://www.dps.texas.gov/RSD/CHL/legal ... index.htm#
Yes, please note that Texas will only recognize an Ohio CHL that is issued or renewed on or after March 23, 2015.

An Ohio CHL with a license issued before that date is not valid in Texas.
by Jumping Frog
Fri Apr 10, 2015 5:46 am
Forum: Other States
Topic: Ohio CHL Visiting Texas
Replies: 35
Views: 8147

Re: Ohio CHL Visiting Texas

magillapd wrote:
Jumping Frog wrote:Back to the original topic, Ohio and Texas signed a reciprocity agreement, effective today, so the OP can carry anywhere in Texas that a Texan CHL can carry by virtue of his using his Ohio "License to Carry a Concealed Handgun" (ignoring any FGFSZ issues).

http://content.govdelivery.com/accounts ... from=share" onclick="window.open(this.href);return false;
I wonder how long it'll take for DPS to add this to their website...as of right now, it's not there. https://www.dps.texas.gov/RSD/CHL/Legal ... /index.htm
I spoke with the Ohio Attorney General Concealed Carry Office last week on that issue. He said the OAG office was waiting to receive a copy of the actual signed agreement from Texas, and it would be posted on the Ohio website as soon as it was received.

Personally, I would be leery of carrying in Texas on an Ohio CHL until the actual agreement is posted. If someone did carry, then having a copy of the press release announcing the reciprocity may help defuse an LEO encounter or may serve as a defense to prosecution, but certainly the safest bet is to wait until DPS posts the agreement.
by Jumping Frog
Mon Mar 23, 2015 7:41 pm
Forum: Other States
Topic: Ohio CHL Visiting Texas
Replies: 35
Views: 8147

Re: Ohio CHL Visiting Texas

Back to the original topic, Ohio and Texas signed a reciprocity agreement, effective today, so the OP can carry anywhere in Texas that a Texan CHL can carry by virtue of his using his Ohio "License to Carry a Concealed Handgun" (ignoring any FGFSZ issues).

http://content.govdelivery.com/accounts ... from=share" onclick="window.open(this.href);return false;
by Jumping Frog
Sun Mar 22, 2015 7:05 am
Forum: Other States
Topic: Ohio CHL Visiting Texas
Replies: 35
Views: 8147

Re: Ohio CHL Visiting Texas

RoadRunnerTR21 wrote:So does this law take effect tomorrow (Mar 23, 2015)?
The new Ohio law takes effect tomorrow. Ohio will recognize a Texas CHL starting tomorrow, although Texas will not recognize an Ohio CHL until some point in the future.
by Jumping Frog
Thu Mar 19, 2015 9:50 pm
Forum: Other States
Topic: Ohio CHL Visiting Texas
Replies: 35
Views: 8147

Re: Ohio CHL Visiting Texas

Gaidheal wrote:As for carry on private land and premises with owner/controller permission, I have frequently seen it said this cannot be done but this does not accord with legal advice I received and doesn't seem to accord with the plain language, either (in part, hence the opinion, of course).
Well, the attorney who owns these forums, sits on the NRA Board of Directors, and has personally been involved with drafting Texas firearms laws for decades has disagreed with your interpretation on many occasions in various posts on these forums. Personally, I'll place more credence in Mr. Cotton's viewpoint, but you are welcome to believe whatever the heck you want to believe.
by Jumping Frog
Thu Mar 12, 2015 11:24 pm
Forum: Other States
Topic: Ohio CHL Visiting Texas
Replies: 35
Views: 8147

Re: Ohio CHL Visiting Texas

Charles L. Cotton wrote:
Scott B. wrote:After the recent changes in Ohio law, what's holding up reciprocity between our two states now?
I'm not sure why Texas hasn't already recognized an Ohio license as a unilateral proclamation as we have New York and others. My guess is that Ohio didn't require a background check before issuing a license. If that has changed, then we may recognize an Ohio license soon. Someone posted earlier that Ohio would recognize a Texas license in March.
Exactly right.

Ohio passed a law that goes into effect March 23, 2015. One part of the bill provides that Ohio will unilaterally recognize all licenses from all states, so a Texas CHL will be valid in Ohio after that date.

A different part of that bill provides that all Ohio licenses issued after that date will require an FBI background check, which meets the requirement under Texas law to recognize another state's license. However, I have "heard" that Texas updates its reciprocity list on an annual basis, every January, so that Texas will not recognize that change in Ohio law until January, 2016. In addition, I would expect the Texas recognition to apply only to Ohio licenses issued after March 23, 2015 since licenses issued before that date may have only had an Ohio state-level background check instead of an FBI background check.

The previous Ohio law provided that the Ohio Bureau of Criminal Investigation ("BCI", analogous to Texas DPS), would perform the criminal background check of all CHL applicants that were long-term Ohio residents and only had an FBI check for applicants who had moved to Ohio from other states. Thus there are existing Ohio CHL's that I would assume Texas will not recognize until the licenses are renewed under the new law.
by Jumping Frog
Thu Mar 12, 2015 8:29 am
Forum: Other States
Topic: Ohio CHL Visiting Texas
Replies: 35
Views: 8147

Re: Ohio CHL Visiting Texas

Glad it was answered here because I wasn't going to try to quote from my phone over on OFCC.

I disagree with the above interpretation on some minor points.

First, there is no statutory requirement that the handgun cannot be on your person in a car. The only requirement is you cannot still have it on your person when you step out of the car. Some people recommend having it not on your person in case you are stopped by LEO and asked to step out of the car, and I understand how that simplifies the issue, but on your person in the car is not forbidden by statute.

Second, on their property, a private party cannot give you permission to break the law. Notice the statute uses the language "premises under the person's control"; it does not say "with permission". I recall a post on this subject by Mr. Cotton where he made this exact point and asked the question, "If you are in control of the premises, does that mean you can tell tell property owner to leave?"

A slightly different example, someone cannot host a poker party with six other people in his apartment and give all six people permission to carry on his premises. Seven people simultaneously "in control" of the premises is ridiculous.

All that said, if your parents-in-law have 270 acres, you could carry all day long and have virtually zero chance of arrest. If you are shooting at their range or en route to/from the range, or hunting, carrying is explicitly allowed.

If you are going to visit TX frequently before your Ohio CHL next renews after 2015, then I'd suggest spending the $50-odd bucks and get an AZ non-resident license. An Ohio license issued after March 23, 2015 should be recognized by Texas in January 2016. However, your existing license, issued before 3/23, will not be recognized because it did not meet the NICS requirements. Your renewal license (assuming renewal after 3/23/2015) will meet the NICS requirements.

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